People v. Dibkey CA3

I. BACKGROUND

The People charged defendant with assault with a firearm (Pen. Code, § 245, subd. (a)(2)),1 grand theft of a firearm (§ 487, subd. (d)(2)), two counts of criminal threats (§ 422, subd. (a)), two counts of unlawful possession of a firearm (§ 29800, subd. (a)(1)), unlawful possession of ammunition (§ 30305, subd. (a)(1)), two counts of false imprisonment (§ 236), exhibiting a firearm (§ 417, subd. (a)(2)(B)), and battery on a cohabitant (§ 243, subd. (e)(1)). As to the assault with a firearm and one of the criminal threat counts, the People alleged that defendant personally used a firearm (§ 12022.5, subd. (a)). The People also alleged numerous aggravating circumstances. Evidence presented at trial established that in May 2019 the victim met defendant at a club in California while defendant was in town for work. Defendant and the victim spent the weekend together in a romantic sexual relationship. Two years later, in May 2021, the victim and defendant met up again. Defendant needed a place to stay, and the victim allowed him to live with her. The victim later wrote a letter to the Idaho Department of Corrections to request that defendant be able stay with her in…