P.

P. v. Encinas CA2/6

Good Law
Court of Appeal of CaliforniaMarch 25, 2013B242934California1,204 words

Opinion

Opinion

FACTS

On April 19, 2008, Encinas stabbed Jacob Tell with a knife at a bar in Santa Maria, California. Tell sustained "two stab wounds to the lower abdomen."

1 All statutory references are to the Penal Code. When the police arrived, Encinas tried to run away. A police officer chased him and shoved him "to the ground." Encinas struggled and tried "to conceal something underneath him." It was a knife. Encinas unsuccessfully attempted to "kick the knife" away. The officer took him into custody. The district attorney filed a felony complaint alleging attempted premeditated murder (§§ 664, 187, subd. (a), 189) (count 1), with special allegations that Encinas's knife attack on Tell was a serious felony, that he used a deadly weapon, and inflicted great bodily injury (§§ 1192.7, subd. (c)(8), (23); former 12022, subd. (b)(1); former 12022.7, subd. (a)); assault with personal use of a deadly weapon (§ 245, subd. (a)(1)) (count 2), with special allegations that the knife attack on Tell was a serious felony (§ 1192.7, subd. (c)(31)); and resisting arrest (§ 69) (count 3). The district attorney amended the complaint to add count 4 - assault with force likely to produce great bodily…

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