People v. Martinez CA5

INTRODUCTION

During a dispute that began with a racial epithet against her neighbor, defendant Maria Ponce Martinez entered her neighbors’ apartment; engaged in a physical altercation with the two adults; and, after returning with a baseball bat, threatened to “get” their nine-year-old child next and damaged their door and multiple windows with the bat. Defendant was charged by information with the six felonies and one misdemeanor, as follows: one count of assault with a deadly weapon against S.D. (Pen. Code, § 245, subd. (a)(1); count 1),1 one count of assault with a deadly weapon against J.M. (§ 245, subd. (a)(1); count 2), child endangerment against L.M. (§ 273a, subd. (a); count 3), making criminal threats against L.M. (§ 422, subd. (a); count 4), first degree burglary (§ 460, subd. (a); count 5), vandalism (§ 594, subd. (b)(1); count 6), and misdemeanor resisting arrest (§ 148, subd. (a)(1); count 7).2 During trial, the vandalism count was reduced from a felony to a misdemeanor. The jury subsequently acquitted defendant of burglary, but convicted her of the lesser included offenses of assault on counts 1 and 2, child endangerment, making criminal threats, vandalism, and…