People v. Lynch CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant was charged in count one with premeditated attempted murder (§§ 664, 187, subd. (a)) and in count two with first degree burglary (§ 459). The information alleged as to both counts that defendant personally used a dangerous and deadly weapon, to wit, a knife (§ 12022, subd. (b)(1)), and that he personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). The information further alleged that appellant suffered a prior serious felony conviction for robbery under the “Three Strikes Law” (§§ 211, 667, subds. (a), (b)-(i), 1170.12). While M.R. was on the back porch of her home at 5:30 in the morning on August 9, 2017, a man unknown to her, later identified as defendant, appeared in her yard. She told him to get out of her yard, but defendant said, “I can’t. I have to go through your yard.” She was afraid and told him again to get out of her yard, but he refused. Defendant then tried to hand her an Electronic Benefit Transfer (EBT) card. He said there was $100 on the card, gave her a pin number, and told her not to say anything to the police. Then defendant walked to the back of her yard and hopped over the fence into a…