People v. Baylock CA3, C079095

In April 2014 Michael Blaylock and an associate (Antoine/Antonio) confronted Zachary Southwick outside Southwick’s residence after a prior hostile relationship; Blaylock carried a pocketknife.
Blaylock called Southwick out, Southwick emerged unarmed and approached; Blaylock pulled a knife and stabbed Southwick multiple times, causing great bodily injury. Neighbors intervened and the attackers fled.
Blaylock gave inconsistent statements to police (initially claimed Southwick had a gun and he was alone; later admitted he returned with Antoine to fight and that Southwick was unarmed). He also admitted methamphetamine use and prior lies.
Blaylock was charged with assault with a deadly weapon and battery causing great bodily injury; jury convicted and found related enhancements true; a prior serious/strike (1997 voluntary manslaughter in Nebraska) was found true in bifurcated proceedings.
Trial court denied Blaylock’s Romero motion to strike the 1997 strike; Blaylock was sentenced to an aggregate 14 years. He appealed, arguing (1) insufficient evidence because he acted in self-defense and (2) abuse of discretion in denying the Romero motion.

Issue	People’s Argument	Blaylock’s Argument	Held
Sufficiency / self-defense	Evidence shows Blaylock initiated confrontation, armed himself, and used excessive (deadly) force against an unarmed victim; jury instructions were proper	Blaylock reasonably feared Southwick based on prior threats and weapon displays and stabbed in self-defense	Conviction affirmed — substantial evidence supports rejection of self-defense
Denial of Romero motion to strike prior strike	Trial court reasonably weighed prior manslaughter (killing) and intervening violent conduct; denial within discretion	Strike was remote (17 years) with limited post-release felonies; court should have found him outside three-strikes spirit	Denial affirmed — no abuse of discretion given the prior killing and subsequent violent history

People v. Superior Court (Romero), 13 Cal.4th 497 (1996) (trial court discretion under Penal Code § 1385 to dismiss prior strike when defendant falls outside three-strikes spirit)
In re Christian S., 7 Cal.4th 768 (1994) (ordinary and imperfect self-defense unavailable where defendant’s wrongful conduct initiated the confrontation)
People v. Williams, 17 Cal.4th 148 (1998) (factors for Romero analysis: nature of present and prior felonies and defendant’s background/character/prospects)
People v. Carmony, 33 Cal.4th 367 (2004) (standard of review for Romero refusal is abuse of discretion; appellant must show decision was irrational or arbitrary)
People v. Aguilar, 16 Cal.4th 1023 (1997) (elements of assault with a deadly weapon and self-defense principles)