People v. Irvin CA5
Opinion
Opinion
BACKGROUND
On July 15, 2018, defendant argued with his ex-girlfriend, R.B. The argument escalated, and defendant threatened to kill R.B. Defendant then hit, choked, stomped, and kicked R.B. M.N., a third party, arrived and hit defendant in the face. Defendant grabbed a sword and chased M.N. The police arrived and defendant fled, but the police were able to effectuate defendant’s arrest. (People v. Irvin (May 4, 2022, F078625, as modified May 6, 2022) [nonpub. opn.] (Irvin I).) On July 31, 2018, the Kern County District Attorney filed an information that charged defendant with: attempted murder of R.B. (Pen. Code,1 §§ 187, subd. (a), 664; count 1); corporal injury of R.B. resulting in a traumatic condition (§ 273.5, subd. (a); count 2); assault on R.B. by means likely to produce GBI (§ 245, subd. (a)(4); count 3); violation of a restraining order involving R.B. (§ 273.6, subd. (d); count 4); and assault against M.N. with a deadly weapon (§ 245, subd. (a)(1); count 5). In relevant part, the information also alleged as enhancements to counts 1 through 4 that defendant inflicted GBI on R.B. (§ 12022.7, subd. (e)).