People v. Scott CA5

STATEMENT OF THE CASE

On July 29, 2020, 2 after a preliminary examination, an information was filed charging Scott with first degree burglary (§ 460, subd. (a); count 1); assault with a deadly weapon, a pickaxe (§ 245, subd. (a)(1); count 2); and misdemeanor resisting arrest (§ 148, subd. (a)(1), count 3). As to count 1, it was further alleged that a person other than an accomplice was present in the residence and that Scott personally used a deadly weapon, a pickaxe. (§§ 667.5, subd. (c)(21), 12022, subd. (b)(2).) On October 26, trial commenced. Count 3 was dismissed. On November 4, the jury found Scott guilty on counts 1 and 2. The person present and use allegations were found true. On December 2, Scott was sentenced to the upper term of 6 years in prison on count 1. The use allegation was stricken by the court. The sentence of 4 years on count 2 was stayed pursuant to section 654. Various fines and fees were imposed. Scott received 69 days presentence custody credit. On December 23, Scott filed a timely notice of appeal.

STATEMENT OF FACTS

A. The Prosecution’s Case On March 16, between 11:00 and 11:30 p.m., five members of the M. family were at their Bakersfield…