People v. Rivas CA1/5

BACKGROUND

A. After learning that his ex-girlfriend, G., was becoming romantically involved with another man, Rivas broke into the apartment where she was staying and tried to attack her with a machete. When she fled the apartment, Rivas followed her into a nearby Starbucks shop, where he struck her repeatedly with the machete. The attack on G. ended when a good Samaritan named B. intervened. G. and B. each sustained multiple injuries.

B. An amended information charged Rivas with aggravated mayhem (§ 205; counts four (G.) and six (B.)). In addition, the amended information charged him with first degree burglary with another person present (§§ 460, subd. (a), 667.5, subd. (c)(21); count one), assault with a deadly weapon (§ 245, subd. (a)(1); counts two (G.) and nine (B.)); attempted murder (§§ 187, subd. (a), 664; counts three (G.) and five (B.)); infliction of corporal injury (§ 273.5, subd. (a); count seven (G.)); and resisting arrest (§ 148, subd. (a)(1); count eight). The amended information alleged that Rivas personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)) in relation to counts one, three, five, and seven; and that he inflicted great bodily injury (§…