People v. Fuentes CA1/2

BACKGROUND

The facts underlying Fuentes’s conviction and probation violation were related in our unpublished opinion on the appeal. (People v. Fuentes (Jan. 30, 2023, A162315) [nonpub. opn.].) Suffice to say that Fuentes inflicted significant injuries on the mother of his child with the three year old present in the house. Fuentes pleaded guilty to willful infliction of corporal injury on a person with whom he had a dating relationship (Pen. Code,1 § 273.5) and admitted an allegation of infliction of great bodily injury (§ 12022.7, subd. (e)) pursuant to a plea agreement calling for probation with a suspended eight- year prison term. While released pending sentencing, he was found to have violated a condition of his release and, in accordance with a provision of the plea agreement stating that violation of a condition of release or certain other conduct would result in unconditional sentencing (“Cruz waiver”2), he was sentenced to a nine-year prison term consisting of aggravated terms on both the conviction (four years) and the enhancement (five years). Fuentes appealed, claiming the condition he was found to have violated was unconstitutionally vague, the evidence did not…