People v. Amos CA2/2

BACKGROUND

Procedural history Defendant was charged with assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a)(1),1 and the attempted willful, deliberate, and premeditated murder of Lamar Mays (Mays) in violation of sections 187, subdivision (a), and 664, subdivision (a). It was alleged in both counts that defendant personally inflicted great bodily injury upon the victim within the meaning of section 12022.7, subdivision (a), and that she personally used a deadly and dangerous weapon (a knife), within the meaning of section 12022, subdivision (b)(1). It was also alleged that defendant had suffered two prior prison terms within the meaning of section 667.5, subdivision (b), and four prior felonies within the meaning of section 1203, subdivision (e)(4). A jury convicted defendant of assault with a deadly weapon as charged in count 1, and as to count 2, found defendant guilty of the lesser included offense of attempted voluntary manslaughter (§§ 664/192, subd. (a)). The jury also found true the allegations that defendant personally used a deadly weapon and inflicted great bodily injury. In a bifurcated proceeding, the trial court found true the two…