People v. Ball CA2/1

BACKGROUND

A. The Charges After the close of evidence at the preliminary hearing, the magistrate held Ball to answer on charges of assault with a firearm (Pen. Code,2 § 245, subd. (a)(2); count 1) and criminal threats (§ 422, subd. (a); count 2), both alleged to have occurred on February 8, 2020, and a charge of stalking (§ 646.9, subd. (a); count 4), alleged to have occurred between February 8 and 22, 2020. The magistrate declined to hold Ball to answer on a second charge of criminal threats, alleged to have occurred on February 22, 2020 (count 3). The district attorney filed an information asserting the three charges (counts 1, 2 & 4), consistent with the magistrate’s ruling.

1 The jury found Ball not guilty of the crime charged in

count 1, assault with a firearm against the same victim. 2 Undesignated statutory references are to the Penal Code.

2 Ball filed a motion under section 995 to set aside the information as to the stalking count. After hearing from the parties, the trial court granted the motion and dismissed the stalking count. The court allowed the district attorney to amend the information to refile count 3, the February 22, 2020 criminal threats offense.…