People v. Martin CA1/2

BACKGROUND

The Charges, Convictions, and Initial Sentence By an amended information filed on October 4, 2021, defendant was charged with attempted willful, deliberate, and premeditated murder (§§ 664, 187, subd. (a); count one); assault with a deadly weapon (§ 245, subd. (a)(1); count two); assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count three); corporal injury to a spouse (§ 273.5, subd. (a); count

2 four); and criminal threats (§ 422; count five). (Martin I, supra, A163959, at p. 21.) The information also alleged as enhancements that defendant personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)) as to count one, and personally inflicted great bodily injury in commission of counts one and two under circumstances involving domestic violence (§ 12022.7, subd. (e)). As to all counts, the information alleged defendant had suffered a prior strike conviction (§ 667, subds. (b)–(i)) and a prior serious felony conviction (§ 667, subd. (a)(1)), and had served a prior prison term (§ 667.5, subd. (a)). (Martin I, supra, A163959, at p. 21.) In our opinion issued in defendant’s direct appeal, we described in detail the evidence presented…