P
P v. Valli CA3
Opinion
Opinion
Eurie, J.
BACKGROUND
M.T. was at his girlfriend’s aunt’s residence one evening in March 2021 when Valli began physically attacking the aunt. “I’m not here for this,” M.T. declared as he stood up to leave. Valli hit M.T. in the face with something hard, breaking his cheekbone and knocking him to the ground. Valli hit M.T. again when he was on the floor. Bleeding from his eye, M.T. left the residence and tried to drive away. Valli gave chase and drove into M.T.’s car several times. A few weeks later, police officers stopped a car that Valli was traveling in. After Valli ran away, officers found a firearm inside the car near where Valli was sitting. In a January 2023 information, the prosecution alleged Valli committed seven crimes, including two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and one count of unlawful possession of a firearm by someone with a felony conviction (id., § 29800, subd. (a)(1)), and had two prior serious felony convictions (id., §§ 667, subds. (b)-(i), 1170.12). The first question the prosecutor asked M.T. at trial was “Do you want to be here today?” “No,” M.T. replied. “And how do you feel about being here?” the prosecutor asked. “Not…