People v. Valin CA3

BACKGROUND

Defendant was drinking alcohol at a festival and got into an argument. The argument turned into a fight, and defendant “bit a large portion of the victim’s left ear off.”

1 The People charged defendant with mayhem (Pen. Code,1 § 203) and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)). The People alleged defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) in the commission of both offenses and alleged seven aggravating circumstances. The People offered to dismiss the assault charge in return for defendant pleading guilty or no contest to mayhem, admitting the great bodily injury allegation, admitting five of the alleged aggravating circumstances, and agreeing to a suspended sentence of eight years in prison with a five-year probation term. The offer also permitted defendant to be released from custody pending sentencing, pursuant to certain terms, with the trial court permitted to impose a different sentence if defendant violated those terms. (See People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.) At the hearing scheduled for a preliminary examination of the case, defendant’s counsel informed the trial court…