People v. MondragonTorres CA3

BACKGROUND

MondragonTorres was charged with one count of assault with a deadly weapon with a great bodily injury enhancement alleged, and two counts of misdemeanor vandalism. He agreed to plead no contest to the assault count and admit the great bodily injury enhancement. He stipulated to the preliminary hearing transcript as the factual basis for the plea. At the preliminary hearing, the victim testified he and a woman he had met on a dating application were sitting in the back seat of her car smoking marijuana and talking, and that eventually led to kissing and oral sex. The victim saw a man (whom he identified as MondragonTorres) looking through the car window and the woman told the victim he had to go. The victim got out of the car and “heard footsteps coming at” him and the woman yelled “Alfredo.” The victim started running and MondragonTorres chased him and hit him in the head with a metal baseball bat. The victim kept running and eventually got under a car in someone’s driveway. MondragonTorres looked under the car, beckoned for the victim to come out, and kept swinging the bat. He hit the victim on his ankle, his leg, his knee, the side of his body, his fingers, and his…