People v. Pullen CA5

INTRODUCTION

Appellant/defendant Donovan Dewayne Pullen was arrested for assaulting his wife, Luevater Fulmer, in their apartment. He was charged and convicted of count I, corporal injury to a spouse/cohabitant (Pen. Code, § 273.5, subd. (a));1 count II, assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)); and count III, criminal threats (§ 422), with special allegations as to counts I and II for the personal infliction of great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)), one prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), one prior serious felony enhancement (§ 667, subd. (a)(1)), and four prior prison term enhancements (§ 667.5, subd. (b)). He was sentenced to an aggregate term of 25 years and four months. The criminal proceedings were repeatedly suspended and delayed because defendant was found not competent to stand trial. After two commitments to Atascadero State Hospital, defendant was restored to competency. He pleaded not guilty and not guilty by reason of insanity. After the jury convicted him of the substantive offenses, the same jury heard the sanity phase and found he was…