People v. Larraburu CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural Background In November 2019, the Santa Clara County District Attorney filed a second amended information (information) charging Larraburu with assault by means likely to produce great bodily injury upon Loraine S. (§ 245, subd. (a)(4); count 1), infliction of corporal injury on a former cohabitant, Loraine S., with a prior conviction within seven years (§ 273.5, subd. (f)(1); count 2), violation of a protective order within seven years of a prior violation (§ 166, subd. (c)(4); count 3), and misdemeanor battery upon Valerea G. (§ 243, subd. (a); count 4). The information also alleged that Larraburu had suffered two prior strike convictions (§§ 667, subds. (b)–(i), 1170.12) for assault with a deadly weapon (§ 245, subd. (a)(1)) and assault with a firearm (§ 245, subd. (a)(2)). In December 2019, a jury found Larraburu guilty of all counts as charged, except for count 1, for which the jury convicted him of the lesser included offense of simple assault (§ 240). The jury also found true the allegation that Larraburu had suffered a prior conviction within seven years of the violation of section 273.5, subdivision (a), that he had…