A unified appellate panel vacated an assault conviction from the courtroom of Riverside Superior Judge James Hawkins, stating that it was a dual conviction in violation of California Penal Code Section 954. The decision does not change the appellant’s sentencing.
Appellant Charles Waxlax was sentenced to 11 years in prison for the March 27, 2015 stabbing of his former friend, Erik Kimbler, in the parking lot of the Palm Desert bar the Red Barn at 1:45 a.m., according to the appellate ruling.
Waxlax claimed he thought he was being robbed, acted in self defense, and accidentally stabbed Kimbler. Kimbler’s friend asked through Waxlax’s car window where Kimbler’s money was, and Waxlax’s former fiancée, now Kimbler’s girlfriend, slid into Waxlax’s back seat uninvited.
According to Kimbler, Waxlax had stepped out of his car, and Kimbler’s friend raised his fists. Kimbler stepped between Waxlax and his friend to break up the emerging fight, and Waxlax stabbed Kimbler between his ribs, puncturing his lung and resulting in a two-week medically induced coma, the ruling said.
A text to Kimbler from an unknown number said “it’s done,” and “everyone is done” if anyone goes to the hospital or talks to law enforcement.
Kimbler survived the assault.
Same crime, same time
The jury found Waxlax guilty of attempted murder, assault with a deadly weapon, assault with force likely to produce great bodily injury, and attempting to dissuade a witness from reporting a crime.
Judge Hawkins sentenced Waxlax to nine years for the attempted murder conviction, two years for the dissuading conviction, and stayed the three-year sentences for the assault convictions under Penal Code Section 654, which prohibits two or more punishments for the same criminal act, the ruling said.
The appellate panel found force-likely assault and deadly weapon assault were different statements for the same act. They were contained in the same statutory provision until 2011, when they were divided into separate paragraphs to make matters less ambiguous for prosecution and defense, the ruling said.
In his petition for appeal, Waxlax also argued Hawkins omitted three jury instructions relating to his self-defense argument, but the ruling found those arguments meritless.
Parties
Richard Power and Howard Cohen represented Waxlax on appeal, under appointment.
Steve Oetting and Paige Hazard, deputy attorneys general, represented the people, with Xavier Becerra and Rob Bonta, attorneys general; Lance Winters, chief assistant attorney general; and Julie Garland, assistant attorney general.
Associate Justice Marsha Slough wrote the ruling, which Associate Justices Art McKinster and Frank Menetrez joined.
Riverside case number: INF1600362
Appellate case number: E074347Read the ruling here.
