People v. Gonzales CA3

BACKGROUND

An information charged defendant with assault with a deadly weapon (Pen. Code,2 § 245, subd. (a)(1); count 01), and further alleged that, in committing that offense, defendant personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). The information also charged defendant with criminal threats (§ 422, subd. (a); count 02), and alleged that, in the commission of that offense, defendant personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). The information included three, five-year prior serious felony enhancements (§ 667, subd. (a)(1)), and alleged that defendant was subject to three strikes law sentencing (see §§ 667, subd. (b)-(j), 1170.12) because he had two or more prior strike offenses, enumerating four such offenses.

Undesignated section references are to the Penal Code.

2 The Prosecution’s Case J.C. and defendant were once best friends. J.C. was with defendant’s sister for 12 years, and defendant’s sister was the mother of J.C.’s children. However, J.C. and defendant’s sister were no longer together. On July 17, 2020, defendant was with J.C. renovating J.C.’s bathroom. At some point, defendant confronted J.C. about a…