People v. Broussard CA2/3

INTRODUCTION

A jury found defendant and appellant Kenneth W. Broussard guilty of, among other things, corporal injury to a spouse and criminal threats. He was sentenced to 28 years to life in prison. Because of errors in defendant’s sentence, we reverse and remand for resentencing only.

BACKGROUND1

Based on evidence Broussard cut his wife’s neck with a box cutter and said he would kill her, a jury, on December 18, 2013, found him guilty of: count 1, corporal injury to spouse (Pen. Code, § 273.5, subd. (a))2 with a true finding on a personal use of a deadly weapon allegation (§ 12022, subd. (b)(1)); count 3, criminal threats (§ 422, subd. (a)); and count 4, assault with a deadly weapon (§ 245, subd. (a)(1)).3 On January 30, 2014, sentencing was suspended pending an evaluation of Broussard’s mental competence, under section 1368. On February 25, 2014, the trial court found Broussard to be mentally incompetent and referred him to a state hospital. Proceedings resumed on October 20, 2014, following restoration of Broussard’s competency. On January 23, 2015, Broussard waived his rights and admitted two prior strike convictions. The trial court sentenced Broussard, on count 3, to 25…