People v. Kinsey

Opinion

WOODS (Fred), J.

A jury convicted appellant of attempted injury upon a cohabitant (Pen. Code1 §§ 664/273.5, subd. (a)), battery (§ 242), and assault (§ 240) and acquitted him of injury upon a cohabitant (§ 273.5, subd. (a)). In a bifurcated proceeding, the trial court found true three serious felony allegations (§ 667, subds. (b)-(i)): a 1986 attempted robbery conviction (§§664/211), a 1987 robbery conviction (§211), and a 1989 attempted robbery conviction (§§664/211). At the probation and sentence hearing, appellant was found in violation of probation on his earlier conviction of…