P. v. Shaw CA2/8
Shalonda Christine Shaw was convicted of simple mayhem (Pen. Code, § 203) for causing severe burns to Jose Estrada’s left leg; the jury found true the allegation that she personally used a deadly or dangerous weapon (gasoline) in the commission of the mayhem (§ 12022, subd. (b)(1)). The attack occurred while Estrada was sitting outside his tent in a homeless encampment, and may have involved a dispute over narcotics sales. After initially finding appellant “marginally” suitable for placement through the Office of Diversion and Reentry (ODR), the ODR court continued its hearing to receive additional information from the victim, and found appellant not suitable for placement in an ODR program. The trial court then sentenced appellant to the mid-term of four years for the mayhem conviction plus a consecutive one-year term for the deadly or dangerous weapon enhancement.
Appellant appeals, contending the trial court abused its discretion in denying ODR placement.
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