The Yolo County District Attorney’s Office has announced a new plea agreement in the case of Clayton Garzon, who is accused of beating a gay Davis man last year.
Garzon in September pleaded no contest to battery with serious bodily injury with a hate crime enhancement in the March 10, 2013, attack on Lawrence “Mikey” Partida outside an I Street home. He was to serve a 4-year prison sentence in Yolo County Jail, said Jonathan Raven, chief deputy district attorney. But because of evolving case law regarding the state’s prison realignment legislation, AB 109, and the types of offenses for which prison time can be served in county jail vs. state prison, the previous plea deal had to be undone, Raven said.
The new plea deal is similar and allows for what all parties contemplated in the initial agreement, he said.
Under the new plea agreement, Garzon will plead no contest to felony assault likely to produce great bodily injury, a stand-alone felony hate crime rather than a hate crime enhancement, misdemeanor battery with serious bodily injury and an out on bail enhancement. He also will plead no contest to a charge of possession of brass knuckles out of Solano County. The new agreement calls for a seven years and four months split sentence – a five-year prison sentence to be served in Yolo County Jail, and two years and four months on mandatory supervision. He also will pay full restitution to the victim.
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Garzon is to be sentenced March 14.