People v. Jauregui CA5

INTRODUCTION

Appellant Juanita Delgado Jauregui appeals from a conviction for assault with a deadly weapon and inflicting corporal injury resulting in a traumatic condition. Appellant’s sentence was suspended and appellant was placed on three years’ formal probation with 120 days in custody. Appellant argues the trial court’s verdicts are impermissibly inconsistent and must be reversed. We affirm.

PROCEDURAL HISTORY

On November 7, 2022, the Kern County District Attorney filed an amended information charging appellant with assault with a deadly weapon, a car (Pen. Code § 245, subd. (a)(1);1 count 1), corporal injury resulting in a traumatic condition upon the victim (§ 273.5, subd. (a); count 2) and misdemeanor child abuse (§ 273a, subd. (b); count 3). The information additionally alleged two circumstances in aggravation as to both counts 1 and 2—that the crime involved 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, subd. (a)(1)), and appellant was armed with or used a weapon at the time of the commission of the crime (Cal. Rules of Court, rule 4.421,…