Boragno

—David Allen Boragno, appellant, was charged with assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). It was further alleged that appellant used a deadly weapon within the meaning of section 12022, subdivision (b), later amended to allege subdivision (d) of that same section, and that appellant intended to and did inflict great bodily injury within the meaning of section 12022.7.

A jury convicted appellant as charged on December 7, 1989. He was sentenced to a total term of six years, ordered to pay a $150 restitution fine and was given 132 days credit for time served.

Appellant filed a timely notice of appeal. A petition for writ of habeas corpus was subsequently filed and, upon motion of appellant, the actions were ordered consolidated by this court on January 7, 1991.

Facts

Clovis Police Officer Dean Menard arrived at apartment 103 at 3140 Peach Avenue in Clovis, California, on December 6, 1988, at approximately 10:37 a.m. He walked up to the fence, peered through the cracks and observed a pool of blood and a female, later identified as Linda Gonzales, lying on her back bleeding from a head wound. The front door of the apartment…