People v. Herring CA5

FACTS AND PROCEDURAL HISTORY

Around 1:00 a.m. on February 19, 2012, police were dispatched to the apartment shared by Herring and Gonzales in Lemoore. Gonzales had fresh injuries on her face. She was taken to a hospital, where she told an officer that Herring had grabbed her by the neck, pushed her into a closet, and punched her in the face until she lost consciousness. Herring threatened to kill Gonzales. He also threatened Gonzales’s friends Tristan

1Herring’s first name is spelled variously throughout the appellate record as “Leshaun” and “Lashaun.” In a handwritten letter to the court that is attached to the probation report, Herring spelled it “Leshaun.”

2. Thomas and Matthew Mayhew as they helped Gonzales get to a car to be taken to the hospital. The district attorney filed an information charging Herring with five counts: (1) assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4));2 (2) willful infliction of corporal injury on a spouse or cohabitant (§ 273.5, subd. (a)); (3) making a criminal threat against Gonzales (§ 422); (4) making a criminal threat against Thomas (ibid.); and (5) false imprisonment (§ 236). For purposes of…