People v. Smith CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 31, 2001, the People filed an information charging defendant with two

counts of inflicting corporal injury upon a spouse (§ 273.5, subd. (a); counts 1 & 7),

attempted premeditated murder (§§ 664, 187; count 2), kidnapping (§ 207, subd. (a);

count 3), assault with a deadly weapon (§ 245, subd. (a)(1); count 4), making criminal

threats (§ 422; count 5), and burglary (§ 459; count 6). The People further alleged in

counts 2 through 7 that defendant personally used a knife as a dangerous or deadly

weapon (§§ 12022, subd. (b)(1) & 1192.7, subd. (c)(24)); that the crimes were committed

while defendant was released from custody pending the disposition of another felony

offense (§ 12022.1); and that in counts 2, 4, and 7 defendant inflicted great bodily harm

upon the victim (§§ 12022.7, subd. (d) & 1192.7, subd. (c)(8)). Additionally, the People

2 “If the defendant . . . files a supplemental brief or letter, the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion.” (Delgadillo, supra, 14 Cal.5th at p. 232.)

2 alleged defendant had suffered a prior strike conviction…