Tokhunts

FACTS AND PROCEDURAL BACKGROUND

The People charged Tokhunts with felony child abuse under circumstances likely to cause great bodily injury (Pen. Code, § 273a, subd. (a)), 1 misdemeanor battery of a spouse (§ 243, subd. (e)(1)), and felony battery with serious bodily injury (§ 243, subd. (d)). The People alleged Tokhunts’s son, Daniel, was the victim of the child abuse and battery with serious bodily injury.

Unless otherwise noted, undesignated statutory references are to the Penal Code.

2 On all three counts, the People alleged an aggravating circumstance that Tokhunts has prior convictions that are numerous and of increasing seriousness. (Cal. Rules of Court, rule 4.421(b)(2).) On the felony counts, the People also alleged an aggravating circumstance that the victim was particularly vulnerable. (Id., rule 4.421(a)(3).) 1. The People’s evidence The case went to trial. The People presented testimony from Tokhunts’s spouse, Narine. Narine testified that she and Tokhunts had been married for five years, but they were in the process of getting divorced. They shared custody of their child, Daniel. a. Uncharged incidents Narine testified to several incidents of uncharged…