People v. Bruno CA3

I. BACKGROUND2

A. Factual and Procedural History of 1999 Conviction In May 1998, the victim, J.B., was drinking beers with two other people at a table in a park. Defendant approached and “hover[ed] over” them. They asked defendant to leave and began arguing with defendant. Defendant and J.B. wrestled on the ground. J.B. walked away, but defendant grabbed J.B.’s hair with one hand and cut J.B.’s throat with the other. The cut, which damaged a nerve and severed small blood vessels, was approximately five inches long and half an inch deep. When J.B. raised his hand to stop defendant from cutting him again, defendant cut J.B.’s hand, severing tendons in his hand. An amended information charged defendant with attempted murder (§§ 664/187, subd. (a)—count one) of J.B., assault with a deadly weapon (§ 245, subd. (a)(1)—count two), battery with serious bodily injury (§ 243, subd. (d)—count three), and misdemeanor possession of a dagger (former § 12020, subd. (a)—count four). The amended information alleged a prior strike conviction for assault with a deadly weapon (§ 245, subd. (a)) in 1982, a prior serious felony conviction and prior strike conviction for assault with a deadly…