People v. Stewart CA4/2

I. FACTS AND PROCEDURAL BACKGROUND3

Shortly after defendant was paroled from prison on April 22, 2000, he was

arrested and charged with assault by means of force likely to cause great bodily injury

(§ 245, subd. (a)(1), count 1), battery which inflicted serious bodily injury (§ 243, subd.

(d), count 2), and inflicting corporal punishment on a spouse (§ 273.5, subd. (a), counts

and 4). The amended information alleged that during the commission of counts 1 and 3,

defendant personally inflicted great bodily injury during domestic violence (former

§ 12022.7, subd. (d)). It also alleged the defendant had two prior strike convictions

(§§ 667, subds. (c) & (e), 1170.12, subd. (c)), and two prior serious felony convictions

(§ 667, subd. (a)(1)), and he had served a prior prison term (§ 667.5, subd. (b)).

Defendant pled not guilty to the charges and denied the allegations. The trial court

granted his motion to bifurcate the trial on the allegations of the prior serious felony

convictions, prior strikes, and prior prison terms, and defendant admitted them. A jury

found him guilty as charged in counts 1, 3 and 4, and guilty of the lesser included offense

of misdemeanor…