People v. O'Neal CA3

BACKGROUND

As J.W. was walking to his car after work, defendant approached in his wheelchair and looked like he might run into J.W. J.W. attempted to avoid defendant, but defendant veered toward J.W. and then stood up and spat in J.W.’s face at least two times. J.W. responded by throwing an empty travel mug at defendant. Defendant again tried to spit on J.W. When it looked like defendant was going to leave, J.W. continued walking toward his car, but defendant came up behind him and slashed J.W.’s left arm near the elbow. The resulting wound was approximately 30 centimeters long and 10 to 12 centimeters deep and spurted blood. People in the area attempted to slow the bleeding and responding paramedics applied tourniquets. J.W. lost consciousness and received emergency surgery. The jury found defendant guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1) -- count one)1 and found true a great bodily injury enhancement allegation (§ 12022.7, subd. (a)). In a bifurcated proceeding, defendant admitted a prior serious felony conviction (§ 667, subd. (a)(1)) and a prior strike conviction (§§ 667, subd. (b)-(l), 1170.12). At sentencing, the trial court considered…