People v. Hill CA3

FACTS AND HISTORY OF THE PROCEEDINGS

On November 9, 2019, defendant threatened the victim in front of her house by wielding a hammer above his head and making verbal threats. Defendant was charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)); statutory citations that follow are to the Penal Code); with the enhancement he inflicted great bodily injury (§ 12022.7, subd. (a)); making criminal threats (§ 422), with the enhancement he personally used a deadly weapon (§ 12022, subd. (b)(1)); assault with a deadly weapon (§ 245, subd. (a)(1)); and misdemeanor exhibiting a deadly weapon (§ 417, subd. (a)(1)). It was also alleged defendant had two prior strikes (§§ 667, subd. (e)(2), 1170.12, subd. (c)(2)). On October 28, 2020, defendant filed a motion to dismiss his counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118, which motion the trial court denied. On November 5, 2020, defendant pleaded no contest to assault with a deadly weapon and admitted one prior strike. On December 17, 2020, the trial court sentenced defendant, in accordance with the plea, to two years (low term), doubled to four years for the strike prior. The remaining counts and allegations were…