People v. Hunwardsen CA5

FACTS AND PROCEDURAL HISTORY

Hunwardsen was charged by information in the Merced County Superior Court with willfully inflicting corporal injury upon the mother of his children (Pen. Code,1 § 273.5, subd. (a); count 1) and making criminal threats (§ 422; count 2). The information alleged in connection with count 1 that Hunwardsen had a prior conviction for the same offense within seven years, pursuant to section 273.5, subdivision (e)(1). The information further alleged, in connection with both counts, that Hunwardsen personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (e), and personally used a deadly weapon within the meaning of section 12022, subdivision (b)(1). Finally, the information alleged that Hunwardsen had

1Subsequent statutory references are to the Penal Code unless otherwise noted.

2. a prior “strike” conviction (§§ 667, subds. (b)-(i), 1170.12), a prior serious felony conviction (§ 667, subd. (a)(1)), and served four prior prison terms within the meaning of section 667.5, subdivision (b). The incidents underlying the charges in this matter occurred on August 4, 2013, at the apartment in Livingston that Hunwardsen and…