(HC)Brookins

I. BACKGROUND/PRIOR PROCEEDINGS

On December 21, 2012, Brookins was charged with aggravated mayhem (Count 1), torture (count 2), and corporal injury on a cohabitant (Count 3) after he poured boiling water on the mother of his children. The information further alleged that Brookins had suffered a prior conviction involving domestic violence. On direct appeal of his conviction, the California Court of Appeal recounted the following facts underlying the charges against Brookins, the evidence presented at trial, and Brookins’ sentencing:

Warden, Valley State Prison, is substituted for Warden, R.J. Donovan Correctional Facility. FED. R. CIV. P. 25(c). [Brookins] and the victim were never married, but he is the father of their three children. In August 2012, all five of them were living with [Brookins’] cousin in Sacramento County. At the time, the eldest daughter, K., was 12 years old. On August 23, 2012, Sacramento County Probation Officer Carlo Cottengim visited the home as part of his probation supervision of [Brookins]. [Brookins] was not home, so the officer asked to see the victim. He found the victim on a mattress with a dish towel partially covering her face. …