People v. Jensen CA1/5

BACKGROUND

In September 2020, the Del Norte County District Attorney filed an information alleging appellant committed assault by means of force likely to

All undesignated statutory references are to the Penal Code.

1 produce great bodily injury (§ 245, subd. (a)(4); count one); second degree robbery (§ 211; count two); battery causing serious bodily injury (§ 243, subd. (d); count three); criminal threats (§ 422; count four); and simple battery (§ 242; count five). As to counts one and two, the information alleged that appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)). According to the testimony at the preliminary hearing, the charges arose out of an August 2020 incident during which appellant and his brother approached the victim, who was sitting on a park bench in Crescent City watching videos on his cell phone. One of the men asked the victim where he was from and then began to punch the victim in the head and face. The assailants took the victim’s cell phone and backpack. The victim suffered fractures around his eye and a nose fracture. In November 2020, appellant pleaded guilty to count three, battery causing serious bodily injury, in exchange…