People v. Conrad CA2/5

I. INTRODUCTION

A jury convicted defendant, Ronnie Yearnell Conrad, of seven felonies: mayhem (Pen. Code,1 § 203) (count 1); corporal injury to a cohabitant (§ 273.5, subd. (a)) (count 2); methamphetamine possession for sale (Health & Saf. Code, § 11378) (count 3); cocaine base possession for sale (Health & Saf. Code, § 11351.5) (count 4); torture (§ 206) (count 6); firearm possession by felon (§ 29800, subd. (a)(1)) (count 7); and ammunition possession (§ 30305, subd. (a)(1)) (count 8). The jury further found defendant: personally used a deadly or dangerous weapon, a clothing iron (§ 12022, subd. (b)(1)) (counts 1, 2, 6); personally used a firearm (§ 12022.5, subd. (a)) (count 2); personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)) (count 2); was personally armed with a firearm (§ 12022, subd. (c)) (counts 3, 4); and personally used a firearm (§ 12022.53, subd. (b)) (count 6). The trial court, however, granted defendant a new trial. The trial court concluded defendant’s trial counsel had a conflict of interest that was presumptively prejudicial. The prosecution appeals from that order. (§ 1238, subd. (a)(3).) We reverse…