People v. Andrus CA2/2
Opinion
Opinion
BACKGROUND
Procedural history Defendant was charged as follows: count 1, assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1);1 count 2, leaving the scene of an accident in violation of Vehicle Code section 20001, subdivision (a); and count 3, attempted murder in violation of sections 664 and 187, subdivision (a). As to all counts, it was alleged that defendant personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). A jury acquitted defendant of counts 1 and 3, but found him guilty of leaving the scene of an accident, as charged in count 2. The jury also found true the great bodily injury allegation. On June 11, 2013, the trial court struck the great bodily injury allegation, sentenced defendant to the high term of three years, with presentence custody and conduct credit totaling 510 days, and ordered defendant to pay mandatory fines and fees. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence Kathy Rugley (Rugley) testified that she was homeless, living in a makeshift tent with her boyfriend, Ernest Gentry (Gentry) and their longtime friend, William Graham