Brazelton

I. BACKGROUND/PRIOR PROCEEDINGS

On October 16, 2009, Kennedy was charged with carjacking (Count 1), assault with a firearm (Count 2), and second-degree robbery (Count 3). The information additionally alleged as to Counts 1 and 3 that Kennedy personally used a firearm, discharged a firearm, and

discharged a firearm causing bodily injury and that Kennedy personally inflicted great bodily injury on the victim. It further alleged that Kennedy had suffered two prior convictions for a serious felony and had also suffered two prior strike convictions. Kennedy pled not guilty and denied the special allegations. He proceeded to a jury trial on January 20, 2010. On direct appeal of his conviction, the California Court of Appeal laid out the following facts underlying the charges against Kennedy and the evidence presented at trial: This case revolves around a brutal attack on victim Kiylund Lovelady. Lovelady and his sister, T., both know defendant Hank Kennedy, who had been married to their mother for several years. On the evening of May 16, 2009, T. called Lovelady and asked him to give her and her boyfriend Zack a ride home from Kelly Mohr’s trailer. Mohr had previously dated…