P. v. Orozco CA5
The Kern County District Attorney charged Orozco with committing five crimes: aggravated mayhem (Pen. Code, § 205; Count 1), first degree burglary (§ 460, subd. (a); Count 2), assault with a deadly weapon (§ 245, subd. (a)(1); Counts 3 & 4), and attempted aggravated mayhem (§§ 664 & 205; Count 5). The aggravated mayhem charge included an allegation Orozco was armed with a “deadly or dangerous” weapon (§ 12022, subd. (b)(1)).
Evidence
Late one night, Orozco entered his ex-girlfriend’s home, unannounced, through the kitchen window. He went to his ex’s bedroom where he found her asleep alongside her new boyfriend, the victim.
The ex-girlfriend woke up to find Orozco at the head of the bed, “standing over [the victim].” Orozco appeared surprised and asked, “[S]o that’s who you are sleeping with right now?” He then pulled the victim to the floor and savagely attacked him until he gouged out one eye.
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