People v. Reed CA1/1

BACKGROUND

A two-count information charged defendant with attempted murder and assault with a deadly weapon. Each count included the special allegation under section 12022.7, subdivision (a), that defendant personally inflicted great bodily injury on the victim, Michael Foreman. Defendant and Foreman were long-term occupants of a motel in Eureka, California. They resided two rooms apart and had known each other a few months, but were not on good terms. One day, Foreman and a friend, Carolyn Whiffing, were in 1 All further statutory references are to the Penal Code unless otherwise indicated.

1 Foreman’s room. Defendant came by and began speaking aggressively with Whiffing, who was seated in a chair. Foreman got angry, told defendant to stop badgering Whiffing and to leave, and thrust a knife blade into the wall above his bed as a warning to defendant. Defendant threw an iron at Foreman, missed, and then started to run off. Foreman chased, defendant turned around, and the two started wrestling and then punching. Foreman got the better of defendant, and realizing he might be cutting off defendant’s air supply, asked defendant if he had had enough. The two stood up and Foreman held…