People v. Clay CA4/2

FACTS

On February 24, 2023, Clay’s wife told 911 dispatch that Clay had kicked a hole

in a door at their home, pushed her to the ground, threatened to beat her and strangle her,

choked her with a phone charger cord, and struck both her and her daughter (his

stepdaughter) with the cord. She and her daughter later gave police officers roughly the

same account. Both had visible, minor injuries.

Clay was arrested and charged with inflicting corporal injury on a spouse (Pen. 1 Code , § 273.5, subd (a), count 1), making a criminal threat (§ 422, count 2),

misdemeanor child abuse (§ 273a, subd. (b), count 3) and misdemeanor infliction of

physical punishment on a child (§ 273d, subd. (a), count 4). The People also alleged Clay

had a prior strike, a 2002 burglary conviction, and alleged two aggravating factors.

During trial, the court considered whether the parties would be permitted to

impeach Clay’s wife with her 2016 conviction for violating section 273d, a child abuse

offense that was originally a felony but reduced to a misdemeanor when her probation

was terminated early. Both parties asked to be allowed to impeach her with the

conviction, but the prosecution asked the…