P.

P. v. Perry CA1/2

Good Law
Court of Appeal of CaliforniaApril 3, 2013A134385California6,021 words

Opinion

Opinion

BACKGROUND

Commitment offense. In an April 10, 2009 negotiated disposition of an amended complaint in Marin County Superior Court, Perry pled guilty to one count of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) in return for dismissal of counts for corporal injury on a cohabitant and making terrorist threats (Pen. Code, §§ 273.5, subd. (a), 422). All charges involved an attack on a woman identified confidentially as Jane Doe, and a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754) allowed consideration of the dismissed counts at sentencing. Sentencing on May 27, 2009, proceeded with little documentation of the crimes. Perry had waived a preliminary hearing, and both sides waived a presentence report that a referral to probation had not yet produced. Letters from Doe and her mother focused on victim impact, not the crime facts. Deputy District Attorney A. J. Brady stated: “With regard to the facts of this case, this case settled before preliminary examination, so I don’t know how much the Court knows or remembers about it. I would like to just give a summary. The confidential victim in this case Mr. Perry had formerly had a dating…

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