O'Bannon

BACKGROUND

This case arises out of O’Bannon’s attack on a fellow resident at a Salvation Army home on January 30, 2019. O’Bannon slashed the victim’s face with a razor, leaving a scar. Based on this, a jury convicted O’Bannon of assault with a deadly weapon (§ 245, subd. (a)(1); count 1) and mayhem (§ 203; count 4).2 As to count 1, the jury found that he personally inflicted great bodily injury (§ 12022.7, subd. (a)) and, as to count 4, the jury found that he personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). The trial court then found that O’Bannon had a prior serious felony (§ 667, subd. (a)(1)) and a prior serious or violent felony within the meaning of the Three Strikes law. At the December 2020 sentencing hearing, the People asked the trial court to dismiss the prior strike and the enhancements based on a directive from the District Attorney. The trial court denied the motion and sentenced O’Bannon on count 4 to the upper term of eight years, doubled to 16 years based on the strike, plus five years for the prior serious felony. The trial court imposed and stayed the sentence on the weapon enhancement and on count 1.

2 O’Bannon was originally charged with…