People v. Lynch CA3

BACKGROUND

The People charged defendant with two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)—counts one & two)1 and three counts of inflicting injuries resulting in traumatic conditions on a dating partner (§ 273.5, subd. (a)—counts three-five). As to each domestic violence count, the information also alleged that defendant had previously been convicted of domestic violence, which, if found true, increases the sentencing triad for a domestic violence conviction to two, four, or five years. (§ 273.5, subd. (f)(1).) The information also alleged that defendant had previously been convicted of a serious felony, assault with a firearm, which constitutes a strike under California’s Three Strikes law. Defendant waived his right to a jury trial on these two prior convictions. To ensure unanimous verdicts, the trial court instructed the jury on the specific date and manner of each domestic violence incident: for count three, the use of a wooden table on or about May 24, 2020; for count four, the use of a metal-handled broom on or about May 21, 2020; and for count five, the use of an extension cord on or about May 17,

Undesignated statutory references are…