People v. Irvin CA2/2

BACKGROUND

Procedural history Defendant was charged with the following felony counts after an assault upon Daniel Raygoza (Raygoza): count 1, assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1);1 count 2, battery with serious bodily injury in violation of section 243, subdivision (d); and count 3, mayhem in violation of section 203. For purposes of section 667, subdivision(a)(1), as well as the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), it was also alleged that defendant had suffered a prior serious felony conviction. In addition, the information alleged as to counts 1 and 2 only, that defendant had suffered three prior convictions for which he

All further statutory references are to the Penal Code unless otherwise indicated.

2 served prison terms within the meaning of section 667.5, subdivision (b). To all three counts, defendant pled not guilty and not guilty by reason of insanity. A jury found defendant guilty of counts 2 and 3 as charged, and acquitted him of count 1. In a bifurcated trial, the jury found defendant sane at the time he committed the offenses. Defendant admitted the prior convictions…