People v. Livingood CA3

BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1 Case No. CRF15-2788: On May 11, 2015, defendant confronted and hit the victim with a six-inch-long knife. Defendant was charged in case No. CRF15-2788 with assault with a deadly weapon with enhancements for personal use of a deadly weapon and three prior prison terms. (Count 1; Pen. Code, §§ 245, subd. (a)(1), 12022, subd. (b)(1), 667.5, subd. (b).)1 Case No. CRF15-2789: On April 13, 2015, defendant was stopped by police while holding a pair of brass knuckles. Defendant was charged in case No. CRF15-2789 with felony possession of metal knuckles with enhancements for three prior prison terms. (Count 1; §§ 21810, 667.5, subd. (b).) On June 1, 2015, pursuant to a global plea deal, defendant pleaded no contest to count 1 and admitted a prior prison term in case No. CRF15-2788, and to count 1 in case No. CRF15-2789. All remaining counts and enhancements were dismissed. The parties agreed to an aggregate prison sentence of four years eight months, with three years for count 1 in case No. CRF15-2788 plus one year for the prior…