People v. Cummings CA5

INTRODUCTION

Following the consolidation of two domestic violence cases involving different victims,1 defendant Andre Lamont Cummings was charged by information with nine felonies: two counts of willful infliction of corporal injury (Pen. Code, § 273.5, subd. (a); counts 1 & 9),2 two counts of assault with force likely to produce great bodily injury (GBI) (§ 245, subd. (a)(4); counts 2 & 8); one count of battery with serious bodily injury (§ 243, subd. (d); count 3), kidnapping for ransom, reward, or extortion (§ 209, subd. (a); count 4), kidnapping for robbery (§ 209, subd. (b)(1); count 5), kidnapping by force or fear (§ 207, subd. (a); count 6); and false imprisonment (§§ 236/237, subd. (a); count 7).3 As to count 1, the information alleged a prior qualifying conviction for the purpose of applying an elevated sentencing triad (§ 273.5, subd. (f)(1)); as to all counts except for count 3, it alleged a sentence enhancement for personal infliction of GBI (§ 12022.7, subd. (e)); and as to counts 4 through 9, it alleged an on-bail penalty enhancement (§ 12022.1). The matter proceeded to trial and the jury acquitted defendant on count 5 but convicted him on the remaining eight counts…