People v. Elias CA5

BACKGROUND

On April 1, 2021, defendant’s ex-boyfriend and father of their two teenaged children drove defendant and the children to a fast food restaurant for lunch. Defendant was intoxicated. The ex-boyfriend heard her whisper, “ ‘Get ready to die. Don’t worry it’s not going to hurt a bit.’ ” When he asked her if she was all right, she answered, “ ‘No, not really.’ ” When they arrived back at defendant’s residence, defendant removed a hammer from her purse and swung it three times at the ex-boyfriend’s head, hitting both of his hands as he tried to protect his head. The two children grabbed defendant so the ex-boyfriend could get out of the vehicle. Defendant then got out and walked away. Later, defendant admitted she drank four shots of vodka and smoked a bowl of methamphetamine before the incident. She said she intended only to “ ‘shock’ ” her ex-boyfriend, not to kill him. On April 5, 2021, the Fresno County District Attorney charged defendant with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1);1 count 1), domestic violence (§ 273.5, subd. (a); count 2), and misdemeanor child abuse (§ 273a, subd. (a); count 3). On January 7, 2022, defendant pled no contest to…