People v. Orozco CA5

BACKGROUND

Charges “The Kern County District Attorney charged Orozco with committing five crimes: aggravated mayhem (Pen. Code,1 § 205; Count 1), first degree burglary (§ 460, subd. (a); Count 2), assault with a deadly weapon (§ 245, subd. (a)(1); Counts 3 & 4), and attempted aggravated mayhem (§§ 664 & 205; Count 5). The aggravated mayhem charge included an allegation Orozco was armed with a ‘deadly or dangerous’ weapon (§ 12022, subd. (b)(1)).” (Orozco, supra, F079844.) Prior Appeal In the prior appeal, we rejected Orozco’s argument the evidence failed to prove burglary. (Orozco, supra, F079844.) We also vacated the sentence and directed the trial court to resentence Orozco in accord with then-newly enacted laws. (Ibid.) Resentencing At the resentencing hearing, Orozco’s trial counsel sought leniency because the crime “was fueled by intoxication ….” Counsel explained intoxication was “not presented at trial because it’s not a defense … and not necessarily relevant as to … intent ….” The People responded “there [was] absolutely no evidence of intoxication in the trial record or the sentencing record.” Orozco’s counsel replied the charged crimes were “general intent crimes,” not…