People v. Smith CA3

FACTS AND PROCEEDINGS

Factual Background The factual basis of defendant’s plea stated as follows: “[O]n April 20th, 2021, the defendant and [B.D.] were in a dating relationship and resided together in Sacramento. They argued and defendant attacked [B.D.] The attack included strangulation of [B.D.] and slamming her head into a wall. [B.D.] lost consciousness as a result of the assault and was later diagnosed with a concussion.” Defendant’s Plea On November 24, 2021, the trial court set out the parties’ agreement that defendant would plead no contest to one count of inflicting corporal injury resulting in a traumatic condition on B.D., with whom he had a dating relationship (Pen. Code, § 273.5, subd. (a); count eight), and admit the enhancement allegation that he inflicted great bodily injury upon B.D. under circumstances involving domestic violence (id., § 12022.7, subd. (e)).1 The court noted that it “would impose the upper term [on count eight] of four years, impose the low term on the enhancement of three years, consecutive, for an aggregate term of seven years in state prison. That seven-year state prison will be suspended. [Defendant] will be placed on five years formal…