People v. Hale CA3

BACKGROUND

The background is taken from the preliminary hearing transcript. The victim told a responding sheriff’s deputy that defendant had assaulted her over the course of several hours. After an argument the victim went to sleep, but defendant woke her up. Defendant touched her breasts and tried to force her legs apart, but the victim resisted and told him no. Defendant continued the assault and became more aggressive, putting the victim’s neck in the crook of his arm. They fell off the bed and the victim lost consciousness. When she regained consciousness, she went to the bathroom but defendant followed her. He continued assaulting her in the bathroom and then on the bed. The victim suffered bruising, hemorrhaging in her eyes, and traumatic brain injury. An information alleged assault with intent to commit a felony (Pen. Code, § 220, subd. (a)(1)2 – count I), with a special allegation that defendant personally inflicted great bodily injury (§ 12022.7, subd. (e)); injuring a spouse (§ 273.5, subd. (a) – count II), with a special allegation defendant inflicted great bodily injury (§ 12022.7, subd. (e)); battery with serious bodily injury (§ 243, subd. (d) – count III); and…