People v. Mendez CA6

I. FACTS AND PROCEDURAL BACKGROUND

In 2007, a jury found Mendez guilty of one count of attempted premeditated murder (§§ 664, 187, subd. (a); count 11), six counts of assault (§ 245, subd. (a)(1); counts 1–4, 14, 15), two counts of dissuading a witness by force or threat (§ 136.1, subd. (c)(1); counts 5, 13), one count of threat of violence (§ 422; count 17), and multiple misdemeanors including one count of aggravated trespass (§ 602.5, subd. (b); count 7) and three counts of violating a protective order (§ 273.6, subd. (a); counts 8, 10, 18). The jury also found Mendez not guilty of inflicting corporal injury on a cohabitant (§ 273.5, subd. (a)) but found him guilty of the lesser included offense of battery on a cohabitant (§ 243, subd. (e)(1); count 16) and acquitted Mendez of other charges of burglary and one count of violating a protective order.3 On December 20, 2007, the trial court sentenced Mendez to a fixed term of 14 years in state prison, with 526 days of presentence credits. This court affirmed the judgment, following an appeal, in an opinion filed in 2009. (People v. Mendez, supra, H032453.) The California Supreme Court denied review in October 2009. In September…