People v. Nixon CA3

BACKGROUND

An amended information charged Nixon with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and alleged as enhancements that Nixon personally used a deadly weapon (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury

1 (§ 12022.7, subd. (a)).1 The information also alleged three aggravating circumstances: (1) that Nixon committed a crime involving great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness (Cal. Rules of Court, rule 4.421(a)(1)); (2) that he was armed with or used a weapon in committing the crime (rule 4.421(a)(2)); and (3) that the victim was particularly vulnerable (rule 4.421(a)(3)).2 In 2020, Nixon and the victim, K.W., lived in the same apartment complex in Sacramento. They were friends and spent time together. Their relationship changed when she told him she could not buy him cigarettes. Nixon sent her a text calling her a “bitch” and “ungrateful.” K.W. would still see Nixon around the complex but did not speak to him. In the evening of August 25, 2020, after she returned home from work, K.W. joined two neighbors talking outside. Nixon…