People v. Wallace CA6

I. BACKGROUND

A. The Operative Information In January 2022, the Santa Clara County District Attorney charged Wallace by information with assault with a deadly weapon on Edgar Rodriguez (§ 245, subd. (a)(1); count 1), assault with a deadly weapon on Julia Gutierrez (§ 245, subd. (a)(1); count 2), first degree burglary with the allegation that persons not an accomplice (Julia Gutierrez and Edgar Rodriguez) were present (§§ 460, subd. (a), 667.5, subd. (c)(21); count 3), and misdemeanor exhibition of a deadly weapon other than a firearm in the presence of Christopher Latigue (§ 417, subd. (a)(1); count 4).2 As to counts 1 and 2, it was alleged

1 Unspecified statutory references are to the Penal Code. 2 As to counts 1 through 3, the prosecutor alleged following aggravating circumstances under section 1170, subdivision (b): the crimes involved great violence, threat of bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness (Cal. Rules of Court, rule 4.421(a)(1)), Wallace was armed with or used a weapon at the time of the commission of the crime (id., rule 4.421(a)(2)), Wallace had engaged in violent conduct that indicates a serious danger to…