People v. Ayala CA2/4

BACKGROUND

In 2009, the Los Angeles County District Attorney filed an information charging Ayala, as well as codefendants Vincent David Mendoza and Edward Meraz, with kidnapping (§ 207, subd. (a); count one); attempted willful, deliberate, and premeditated murder (§§ 664, 187, subd. (a); count two); aggravated mayhem (§ 205; count three); and assault with a deadly weapon (§ 245, subd. (a)(1); count four). The information also alleged that Ayala and codefendant Mendoza (1) personally used a deadly or dangerous weapon (a knife) in the commission of counts one, two and three (§ 12022, subd. (b)(1)); and (2) inflicted great bodily injury upon the victim in the commission of counts two, three, and four (§ 12022.7, subd. (a)). The information alleged Ayala sustained two prior strike and prior serious felony convictions. (§§ 1170.12, subds. (a)-(d); 667, subds (b)-(i); 667, subd. (a).) At Ayala’s preliminary hearing on December 17, 2009, the People presented testimony from Christina Martinez, the victim. Martinez was the sole witness who testified. She testified that she was at her boyfriend’s house at 2:00 a.m. on August 4, 2009, when Ayala and his two codefendants arrived. Ayala told…