People v. Baines CA1/4

I. BACKGROUND

The Contra Costa District Attorney’s Office charged Baines by felony complaint and then proceeded to trial under an information, dropping one of the original counts but otherwise realleging original allegations on charges of (1) assault with the intent to commit a felony, that being rape, sodomy, or oral copulation (Pen. Code,1 § 220, subd. (a)(1)), and (2) injuring a spouse, cohabitant, fiancé, person with whom the defendant was in a dating relationship, or parent (§ 273.5, subd. (a)). Various enhancements and special allegations accompanied these charges. Appellant waived jury trial and the case was tried to the court in December 2022. It was undisputed at trial that, when the events on which the charges are based on in this case occurred, Baines and Jane Doe were in a dating relationship. All of the charges involved Baines’s actions towards Jane Doe in August 2019 at her older cousin’s apartment, where Jane Doe was temporarily staying with her cousin and the cousin’s apartment mate. The evidence presented included the testimony of various witnesses, as well as the body cam video and a related transcript.

1 Undesignated statutory references are to the Penal…