People v. McKinney CA3

BACKGROUND

A first amended consolidated information charged McKinney with corporal injury of a spouse or cohabitant (§ 273.5, subd. (a); count one), misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count two), and misdemeanor violation of a protective order (§ 166, subd. (c)(1); count three). As to count one, the information alleged that McKinney had suffered a conviction for corporal injury of a spouse or cohabitant within seven years of the offense, exposing him to the increased penalties provided in section 273.5, subdivision (f)(1). The information also pleaded three aggravating sentencing factors: that McKinney’s prior convictions were numerous and of increasing seriousness, that he had served a prior prison term, and that his prior performance on probation and parole was unsatisfactory. In February 2024, a jury convicted McKinney on all three counts. After receiving the jury’s verdicts, the trial court asked whether the adjudication of the aggravating factors and prior convictions would proceed by court trial. Defense counsel answered affirmatively, and counsel for both parties stipulated that the jury could be excused. The jury was…