People v. Bailey CA4/1

Good Law
Court of Appeal of CaliforniaMarch 24, 2015D064758California6,413 words

Opinion

Opinion

INTRODUCTION

The Imperial County District Attorney charged James Bailey in a second amended

information (information) with committing two felony offenses against the victim in this

case, Justin Thompson, who is openly gay: (1) assault with a deadly weapon (count 1:

Pen. Code,1 § 245, subd. (a)(l)); and (2) battery with serious bodily injury (count 2:

§ 243, subd. (d), hereafter section 243(d)).

As to count 1 the information alleged that Bailey personally inflicted great bodily

injury upon a nonaccomplice (§ 12022.7, subd. (a) (hereafter section 12022.7(a)) and that

he committed the assault in violation of California's hate crime statute, section 422.75,

subdivision (a) (hereafter section 422.75(a)). As to count 2 the information alleged that

Bailey personally used a deadly weapon (§ 12022, subd. (b)(1)) and that he committed

the battery in violation of the hate crime statute (§ 422.75(a)).

The information further alleged that the count 1 assault with a deadly weapon was

a serious felony within the meaning of section 1192.7, subdivision (c)(8) (hereafter

section 1192.7(c)(8)), because Bailey had personally inflicted great bodily injury upon

Thompson within the…

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