People v. Swan CA1/2

BACKGROUND

I. Procedural Background

On April 18, 2011, the People filed an information charging Swan with three counts: (1) assault with a deadly weapon (not a firearm) (§ 245, subd. (a)(1)); (2) mayhem (§ 203); and (3) possession of nunchucks3 (§ 12020, subd. (a)(1)). An allegation of great bodily injury pursuant to section 12022.7, subdivision (a), accompanied count 1. An allegation of use of a deadly weapon pursuant to section 12022, subdivision (b)(1), accompanied count 2. The information alleged previous convictions pursuant to sections 667, subdivisions (a)(1), (d) and (e), and 1170.12, subdivisions (b) and (c). It also

3 The information originally alleged that Swan had illegally possessed a knife. The People described this as a clerical error and moved for correction. The court amended the information to replace the word “knife” with “nunchucks” on January 18, 2012.

2 alleged a prior felony with a state prison sentence pursuant to section 667.5, subdivision (b). Presentation of evidence before a jury commenced on June 7, 2012. After the prosecution case was complete, Swan moved for acquittal on counts 2 and 3 pursuant to section 1118.1. The court granted the motion as…