People v. Vanburen CA6

Background Defendant was charged by information with three felonies: (1) assault by means likely to produce great bodily injury, in violation of Penal Code section 245, 1 subdivision (a)(4); (2) battery with serious bodily injury, in violation of section 243, subdivision (d); and (3) carrying a dirk or dagger, a violation of section 21310. A special allegation added that defendant had personally inflicted great bodily injury on the victim,

1 All further statutory references are to the Penal Code. 2 making the battery a serious felony within the meaning of section 1192.7. Defendant was also alleged to be ineligible for county jail, based on section 1170, subdivision (h)(3). The charges arose from the September 2013 beating of a juvenile by defendant and others, resulting in serious injuries to the victim’s face and head. When contacted by police, defendant admitted to carrying a concealed folding knife. On February 28, 2014, pursuant to a negotiated disposition, defendant pleaded guilty to count two, the battery with serious bodily injury. He also admitted that he had personally inflicted great bodily injury on the victim, as alleged in the information. The parties agreed that the…