People v. Gonzalez CA1/4
Opinion
Opinion
Background Defendant was charged by an amended information with attempted murder (count 1; §§ 664, 187, subd. (a)); torture (count 2; § 206); assault by means likely to produce great bodily injury (count 3; § 245, subd. (a)(4)); kidnapping (count 4; § 207, subd. (a)); making criminal threats (count 5; § 422); and false imprisonment by violence (count 6; § 236). As to counts 1, 3, and 4, the information alleged defendant personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)), and personally inflicted great bodily injury (§ 12022.7, subd. (a)). As to counts 5 and 6, the information alleged defendant personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)).2 At trial, evidence was presented that defendant, 37 years old at the time of his offenses, and the victim were siblings. The victim, his sister, is approximately four or five years older than defendant. They had another sister who died before the charged crimes were committed and who was a year older than defendant. Defendant and the victim had not had in-person contact for approximately 15 years before the night of the assault but remained in contact over social media.