P. v. McGinnis CA1/5
On July 16, 2021, a criminal complaint was filed charging defendant with the following crimes: assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) (count one); dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)) (count two); domestic battery (§ 243, subd. (e)(1)) (count three); assault with a deadly weapon (§ 245, subd. (a)(1)) (count four); and corporal injury to a spouse, cohabitant and/or child’s parent (§ 273.5, subd. (a)) (count five). The information further alleged defendant had one prior strike offense within the meaning of section 1170.12, subdivisions (a)–(d).
It was revealed during the preliminary hearing that defendant and the victim lived together for nearly a year before the incident at hand, which began the evening of July 13, 2021. During an argument, defendant grabbed the victim’s arm and pushed her onto the couch. Eventually, the pair made up and went to bed.
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