People v. Park CA1/1
Opinion
Opinion
I. BACKGROUND
The prosecution charged Park with battery with serious bodily injury (§ 243, subd. (d)) and alleged he personally inflicted great bodily injury in the commission of the battery (§§ 667, 1192.7). The prosecution also charged him with assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)) and alleged he inflicted great bodily injury (§ 12022.7, subd. (a)) in the commission of the assault. It also alleged various aggravating factors. Park’s first trial ended in a mistrial due to juror unavailability. A. Retrial Testimony In July 2021, Megan M. and Park were in a monogamous relationship. They lived together in Petaluma with their roommate, M.F. In mid-July, Megan—who worked for a distillery—and her work acquaintance, Ricardo J.—who worked for a liquor distributor—spent a portion of their workday making sales calls and meeting clients. That evening, they met Park at a bar. Ricardo had spent time with Megan and Park on at least one other occasion; they had a good rapport. After consuming numerous drinks, Megan, Park, and Ricardo went back to Megan and Park’s house. M.F.—who let them in the house—immediately noticed that all three were “very…