People v. Smith CA1/1

I. BACKGROUND

Defendant was charged by information with mayhem (§ 203; count one), assault with intent to commit mayhem (§ 220, subd. (a)(1); count two), assault with caustic chemicals (§ 244; count three), assault with a deadly weapon (§ 245, subd. (a)(1); count four), battery with serious bodily injury (§ 243, subd. (d); count five), inflicting corporal injury on a spouse (§ 273.5, subd. (a); count six), grand theft (§ 487, subd. (a);

1 All statutory references are to the the Penal Code unless otherwise indicated. count seven), and receiving stolen property (§ 496, subd. (a); count eight). The information alleged as to several counts that defendant personally used a deadly weapon (§ 12022, subd. (b)(1); counts one, two, five, six) and inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e); counts one, two, three, four, six), and it alleged a prior strike conviction (§ 1170.12, subds. (a)–(d)) and a prior serious felony conviction (§ 667, subd. (a)(1)). Defendant pleaded not guilty to all counts and denied the special allegations. A jury trial commenced on March 12, 2013. A. Prosecution Case Defendant and the victim, Joann Maher, had…