People v. Patton CA2/5

I. INTRODUCTION

A jury convicted defendant, Justin Dwayne Patton, of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4))1 and attempted criminal threats (§§ 664, 422, subd. (a)). Defendant admitted an allegation he sustained a prior conviction within the meaning of sections 667, subdivision (d), and 1170.12, subd. (b) was true. He was sentenced to eight years in state prison. We modify the judgment and affirm it as modified.

II. BACKGROUND

A. The April 1, 2014 Preliminary Hearing

The victim, Kayland Quilling, testified at the April 1, 2014 preliminary hearing. Ms. Quilling was a reluctant witness who claimed not to remember any details of the incident. She denied that defendant had hit her. On cross-examination she testified she did not sustain any injuries. She said it was possible she had thrown herself on the ground.

B. The June 5 and 30, 2014 Hearings

On May 5, 2014, the district attorney’s office mailed a subpoena to Ms. Quilling at an Altadena address. The subpoena was for a June 5 court date. Ms. Quilling appeared in court on June 5. She was ordered to be on call to the prosecutor. Ms. Quilling acknowledged the order and…