People v. O'Brien CA1/4

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Original Offense and Conviction On November 9, 2008, around 4:30 p.m., Antwan Robinson went to defendant’s home.2 During the visit, defendant became upset because he believed Robinson was telling people that he and defendant had been involved in a sexual relationship in the past. The men argued. Defendant punched Robinson in the mouth and knocked him to the ground. Defendant knocked out one of Robinson’s front teeth. Robinson punched defendant in self-defense and fled to his residence where he called the police. As a result 1 All further undesignated statutory references are to the Penal Code. 2 Because defendant pleaded no contest to the original charge, the underlying facts of that conviction are taken from the 2009 probation report.

1 of the attack, Robinson lost a tooth and suffered abrasions to his upper lip and to the side of his head. Robinson required surgery to repair the injuries to his mouth. On February 17, 2009, defendant pleaded no contest to a single count of assault, with the trial court dismissing the great bodily injury enhancement. On March 17, 2009, the trial court suspended imposition of sentence and placed…