People v. Burch CA4/3

FACTS

In 2015, Burch stabbed his ex-wife multiple times in front of the couple’s four children. He was convicted of attempted murder, aggravated mayhem, domestic battery with corporal injury, three felony counts of child endangerment, and one misdemeanor count of child abuse. The jury found true that, during the commission of the attempted murder, aggravated mayhem, and domestic battery, Burch personally (1) inflicted great bodily injury (GBI enhancement) and (2) used a deadly weapon (personal use enhancement). The trial court subsequently found true that Burch had two strike priors and a serious felony prior. The court struck one of the strike priors and sentenced Burch to 13 years, plus 24 years to life, in prison. Burch appealed, and in an unpublished opinion, this court reversed the judgment as to the strike prior and serious prior convictions, vacated Burch’s sentence, and remanded the matter for retrial of the prior conviction allegations and resentencing. (People v. Burch (Aug. 4, 2020, G057270) [nonpub. opn.].) On remand, the trial court resentenced Burch to 12 years, plus 12 years to life in prison.

1 All further statutory references are to the Penal Code.

2 Burch…