Sentence to be carried out in County Jail
Convicted of the unprovoked beating of a gay man during a party at an I Street residence in Old East Davis nearly a year ago, Clayton Garzon will avoid having to serve his sentence for assault and battery with enhancements in state prison.
There had been some doubt as to where Garzon would serve his five year sentence for his crimes due to evolving state corrections policies in the wake of AB 109. Back in September, Garzon had pleaded no contest for his March 10, 2013 attack on Lawrence “Mikey” Partida, who suffered several serious injuries, including a fractured skull, fractured bones in his face and damage to his eye.
According to Yolo County Chief Deputy District Attorney Jonathan Raven, Garzon had been cleared to serve a 5-year prison sentence in Yolo County Jail. But then the law pertaining to this agreement, AB 109, which mandates realignment of the state prison population, seemed to undo Garzon’s previous request to serve his time in county jail (rather than in the harsher state prison environment). That designation is supposed to apply to nonviolent and nonsexual crimes.
However, during a January 17 hearing before Yolo County Superior Court Judge Davis Rosenberg, Garzon’s original sentencing arrangement was essentially allowed to stand; he will not have to serve any time in state prison for his merciless beating of Partida.
Unrelated charges out of Solano County against Garzon for illegal possession of brass knuckles have yet to be resolved. Formal sentencing of Garzon will take place March 14 in Judge Rosenberg’s courtroom.
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