People v. Madrigal CA2/8

INTRODUCTION

The People charged Joaquin Madrigal with battery against a man. Madrigal entered into a plea agreement in which he would be released on his own recognizance, and if he obeyed all laws while awaiting sentencing, he would be sentenced to a misdemeanor and placed on summary probation. Otherwise, he would be sentenced to a felony. Prior to sentencing, Madrigal was arrested for assaulting a woman. At an evidentiary hearing, the trial court imposed a felony sentence after finding that Madrigal violated the terms of his plea agreement. On appeal, Madrigal argues the trial court denied him due process by refusing to allow the arresting officer to testify about the victim’s statement that she did not see or know who attacked her. We conclude the trial court did not err in excluding the proffered testimony, and even if it did, any such error was harmless. We accordingly affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Madrigal’s plea agreement

In an information filed on November 18, 2019, Madrigal was charged with one count of battery with serious bodily injury (Pen. Code1 § 243, subd. (d)). According to the preliminary hearing testimony, Madrigal grabbed the victim on the…