People v. Stone CA3

BACKGROUND

In March 2012, defendant lived with Caryann Gonzales. One evening, the two argued for much of the night and into the morning. The argument became physical. Around 2:30 a.m., defendant struck Gonzales in her right thigh with a wooden club wrapped in black electrical tape. He threatened to “crush her head” with the club. He also struck her on her left knee with a screwdriver. Defendant left the apartment and returned around 5:00 a.m. While Caryann was reaching into the bedroom closet, defendant slammed the closet door on her foot. The prosecutor charged defendant in count 1 with corporal injury to a cohabitant, the crime occurring within seven years of a conviction for the same crime (Pen. Code, § 273.5, subds. (a), (f)(1));1 2 in count 2 with possession of a billy (§ 22210); and in count 3 with assault with a deadly weapon (§ 245, subd. (a)(1)). The prosecutor alleged as special allegations that defendant used a billy club in committing counts 1 and 3 in violation of section 12022, subdivision (b)(1), a dangerous weapon use enhancement; and that he had served a prior prison term within the meaning of section 667.5, subdivision (b). Defendant waived preliminary hearing.…