People v. Rubio CA2/1

Background Appellant Osbaldo Luna Rubio was charged by information, in count 1, with assault on Bernardo Hernandez (Hernandez) with a deadly weapon (metal pipes and sticks) (Pen. Code, § 245, subd. (a)(1)); in count 2, with assault on Hernandez by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)); and in count 3, with false imprisonment of Hernandez by violence (Pen. Code, § 236).1 Count 4 of the information charged Rubio with assault with a deadly weapon (metal pipe) on Francisca Hernandez (Francisca).2 (§§ 245, subd. (a)(1); 1192.7, subd. (c).) As to counts 1 and 2 it was alleged that in the commission of the offenses Rubio personally inflicted great bodily injury on within the meaning of section 12022.7, subdivision (a), causing the offense to become a serious felony within the meaning of section 1192.7, subdivision (c)(8). As to counts 2 and 3 it was alleged that in the commission of the offenses Rubio personally used a deadly and dangerous weapon (pipes and sticks) (§ 12022, subd. (b)(1)), causing the offenses to be serious felonies (§ 1192.7, subd. (c)(23)). It was alleged that the offenses charged in counts 1, 2, and 3 are each a serious…