People v. Valencia CA2/2

BACKGROUND

Statement of the case Defendant was charged by information with attempted murder (Pen. Code,1 §§ 187, subd. (a), 664; count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 3). It was further alleged defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) in both counts and personally used a knife (§ 12022, subd. (b)(1)) during the commission of count 1.

1 Unless otherwise designated, all further statutory references are to the Penal Code.

2 The People further alleged several aggravating factors pursuant to the California Rules of Court.2 Specifically, it was alleged defendant (1) engaged in violent conduct that indicates a serious danger to society (rule 4.421(b)(1)), (2) the offenses involved great violence (rule 4.421(a)(1)), (3) defendant was armed with and used a weapon during the offense (rule 4.421(a)(2)), and (4) defendant had served a prior prison term (rule 4.421(b)(3)). After a jury trial defendant was convicted as charged. As to counts 1 and 3, the jury found true that (1) defendant personally inflicted great bodily injury, within the meaning of section 12022.7, subdivision (a); (2) defendant personally inflicted great…