People v. Perez CA5

INTRODUCTION

Appellant Antonio Trejo Perez was charged with the attempted murder of his former landlord, but convicted of the lesser-included offense of assault with a deadly weapon. He was sentenced to 10 years in state prison. He raises various issues on appeal, including trial court error in excluding crucial evidence in violation of his constitutional right to present a complete defense and imposition of an unauthorized sentence in violation of the ex post facto clause of the federal constitution. Further, his abstract of judgment contains a clerical error and must be amended. We affirm his conviction, but order his abstract of judgment be amended.

STATEMENT OF THE CASE

On January 13, 2014, an information filed in Merced County charged Perez with the attempted murder of Cesar Alcordo (count 1; Pen. Code,1 §§ 187, subd. (a) & 664, subd. (a)), and assault with a deadly weapon on Olga Zarate (count 2; § 245, subd. (a)(1))2. With respect to both counts, the information alleged that Perez used a deadly and dangerous weapon, a pitchfork, qualifying him for a one-year sentencing enhancement (§ 12022, subd. (b)(1)). With respect to count 1, the information further alleged that…