People v. Winchel CA3

BACKGROUND

Defendant was charged with criminal threats against three individual victims (Pen. Code, § 422 -- counts one, three & five)1 and with assaulting two of those victims with a

Undesignated statutory references are to the Penal Code.

1 deadly weapon (§ 245, subd. (a)(1) -- counts two & four). It was also alleged defendant personally used a knife against one victim and a spear against the other two victims in the commission of these crimes making the charged offenses serious felonies pursuant to section 1192.7, subdivision (c)(23), and that he was ineligible for a county jail sentence due to a prior serious or violent felony conviction. Defendant pleaded no contest to assaulting an individual with means of force likely to cause great bodily injury (§ 245, subd. (a)(4) -- count two), a nonstrike, in exchange for a promise of no state prison time at the outset, probation including 365 days in county jail, and a dismissal of all other charges. The factual basis to substantiate the plea was that on or about November 1, 2013, defendant pointed a knife at one Stewart Wright and attempted to stab him with it. The record is silent with regard to the serious felony…