People v. Smith

On January 31, 2001, an information was filed charging defendant Curtis Edward Smith with inflicting corporal injury upon a spouse (Pen. Code, § 273.5, subd. (a), counts 1 and 7), attempted premeditated murder (§§ 664, 187; count 2), kidnapping (§ 207, subd. (a); count 3), assault with a deadly weapon (§ 245, subd. (a)(1); count 4), making criminal threats (§ 422; count 5), and residential burglary (§ 459; count 6). It was further alleged in counts 2, 3, 4, and 7 that defendant personally used a knife as a deadly weapon (§§ 12022, subd. (b)(1) & 1192.7, subd. (c)(24)) and that he committed the offenses while released from custody pending the disposition of another felony offense (§ 12022.1). As to counts 2, 4, and 7, the information alleged that defendant personally inflicted great bodily injury (§§ 12022.7, subd. (d), 1192.7, subd. (c)(8)). Finally, the information alleged a “Three Strikes” law prior conviction (§§ 667, subds. (c), (e)(1) & 1170.12, subd. (c)(1).)

Defendant entered guilty pleas to the charges against him; however, we reversed his convictions and remanded the case to the trial court.

Following a jury trial in 2004, defendant was found guilty of all…