People v. Bretz CA5

FACTS

The following facts underlying counts 1 and 15, the two counts to which defendant pled, are taken from the probation report. “On January 18, 2017, [the confidential victim (CV)] went to a friend’s … house …; after her visit, [defendant] picked CV up to take her home. Initially, [defendant] was in a ‘good mood;’ however, CV had to stop at a pizza place to use the bathroom. When she exited, [defendant] had moved the car. CV asked if he was joking and if he was ‘going to be nice,’ but as they began driving, [defendant] became angry and accused CV of being unfaithful. He pointed a gun to the side of CV’s head, then put the gun in her mouth, and then struck the left side of her head and face with the ‘butt’ of the gun. “Due to CV’s brain tumor, she suffers from seizures, which are brought on by loud noises, bright lights, or stress. After [defendant] struck her with the gun, CV ‘blacked out’ or had a seizure. When she awoke, she was lying across the seat and [defendant] was punching the right side of her back. While CV’s head was bleeding, [defendant] bit her left ear. “[Defendant] then drove CV to the backside of Millerton Lake and stopped on a dirt road. He yelled at her,…