People v. Boyd CA3

BACKGROUND

In January 2019, defendant and Frank Baker were without permanent housing and were preparing to spend the night in front of a building in Stockton when Baker suddenly swung a pipe at defendant. The men struggled for the pipe and fell to the ground. According to defendant, Baker said he wanted to kill him. Fearing for his life, defendant hit and kicked Baker in the head. Baker lay motionless on the ground. Defendant walked away from Baker, but then returned to where Baker lay motionless and hit him six times in the head with the pipe. When police officers arrived, Baker had brain matter extruding from his head. Baker subsequently died.

2 A jury found defendant guilty of voluntary manslaughter (§ 192, subd. (a)) and assault with a deadly weapon (§ 245, subd. (a)(1)). It found true a great bodily injury enhancement allegation. (§ 12022.7, subd. (a).) According to the probation report, defendant said he had been sexually abused in foster care, but he did not provide any other information. At sentencing, the trial court acknowledged that defendant did not have a prior criminal record and that Baker was the initial aggressor. However, because defendant returned to Baker…