People v. Johnson CA3

BACKGROUND

A detailed recitation of the facts underlying the conviction is not necessary. It suffices to say that, while working as an Uber driver, defendant argued with a passenger and cut the passenger’s wrist and arm with a knife. The passenger received life-saving treatment from responding police officers. His injuries required extensive surgery and resulted in the loss of the use of his hand. An information charged defendant with attempted second degree murder (§§ 664/187, subd. (a)) with a personal use of a deadly weapon enhancement allegation (§ 12022, subd. (b)(1)), assault with a deadly weapon (§ 245, subd. (a)(1)), and mayhem (§ 203). As to the attempted murder and assault charges, the information further alleged that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). Defendant made a Marsden2 motion claiming defense counsel was not adequately communicating with him, investigating the case, or providing him with discovery. Defense counsel responded by informing the trial court of her experience in criminal trials, that she had communicated with defendant and provided him with discovery, and was conducting ongoing investigations. The trial court…