People v. Bailey CA4/1
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