People v. Bauer CA3

I. BACKGROUND

Shortly after midnight on May 17, 2021, defendant smashed through the glass of Gregory and Kimberly’s front door while they were home with their children. (People v. Bauer (Jul. 10, 2023, C095770) [nonpub. opn.] (Bauer I).)2 Once inside, defendant placed Gregory in a headlock. (Ibid.) Gregory escaped and defendant barricaded himself inside the home. (Ibid.) When law enforcement arrived and tried to arrest defendant, he struggled, kicking one officer in the leg. (Ibid.) After his arrest, defendant agreed to speak with law enforcement and admitted that he used methamphetamine about an hour before the incident. (Ibid.) A. Original Sentencing Defendant pled guilty to one count of false imprisonment by violence (Pen. Code, § 236),3 two counts of felony vandalism (§ 594, subd. (a)), two counts of obstructing an officer (§ 69), one count of misdemeanor battery (§ 242), and one count of misdemeanor trespass (§ 602.5, subd. (b)). Defendant also admitted a prior strike conviction, which stemmed from the burglary of his parents’ home in 2015. (§ 667, subds. (b)-(i).)

2 We construed defendant’s request for judicial notice as a motion to incorporate by reference the records…