People v. Brummitt CA2/1

BACKGROUND

The Los Angeles County District Attorney filed an information charging Brummitt with false imprisonment by violence (Pen. Code, § 236; count 1),1 corporal injury to a spouse (§ 273.5, subd. (a); count 2), kidnapping (§ 207, subd. (a); count 3), criminal threats (§ 422; count 4), assault with a deadly weapon (§ 245, subd. (a)(1); count 5), disobeying a domestic relations court order (§ 273.6, subd. (a); count 6), and battery (§ 243, subd. (e)(1); count 7). As to count 4, it was further alleged that Brummitt personally used a deadly and dangerous weapon (a bayonet) in the commission and attempted commission of the offense (§ 12022.1, subd. (b)(1)). As to counts 1 through 5, it was alleged that Brummitt suffered one prior conviction within the meaning of the ―Three Strikes‖ law (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)). As to counts 3 through 5, it was further alleged that Brummitt suffered one prior serious felony conviction (§ 667, subd. (a)(1)). As to count 6, it was further alleged that the offense resulted in physical injury. Brummitt pleaded not guilty and denied the special allegations. The jury found Brummitt not guilty on count 2, found him guilty as…