People v. Mualevu CA1/5

BACKGROUND

In 2008, appellant, a lawful permanent resident was charged with attempted murder (§§ 664, 187), aggravated mayhem (§ 205), and related

1 All undesignated statutory references are to the Penal Code.

1 charges and enhancement allegations.2 At the preliminary hearing, law enforcement officers testified that a 65-year-old man was so badly beaten outside a motel room that he was in a coma for weeks, had five teeth knocked out, and sustained numerous injuries including a severe facial fracture requiring a 14-hour surgery. An eyewitness to the assault identified appellant as one of two assailants. Less than two hours after the assault, law enforcement detained appellant, whose hand was swollen and bleeding. Appellant initially denied being involved in the incident at the motel and denied knowing the coassailant, but later admitted he and his cousin had committed the attack, repeatedly striking the victim in the head. Appellant’s cousin also told officers he and appellant attacked the victim. In 2009, appellant entered a no contest plea to attempted murder with a great bodily injury enhancement and three counts of assault with a deadly weapon, in exchange for a stipulated…