People v. Welch CA3

BACKGROUND

Welch was charged with corporal injury on a spouse (Pen. Code, § 273.5, subd. (a); count 1),1 possession of a firearm as a convicted felon (§ 29800, subd. (a)(1); count 2), possession of ammunition as a convicted felon (§ 30305, subd. (a)(1); count 3), and failure to appear while out on bail (§§ 1320.5, 12022.1; count 4). The prosecution also alleged Welch had a prior strike conviction based on a 2009 conviction for corporal injury on a dating partner (§ 273.5) with a great bodily injury enhancement (§ 12022.7, subd. (e)). Welch admitted the prior strike and bail enhancements before trial. At trial, the victim testified Welch had a history of domestic violence before and after they were married. The victim had a history of abusing alcohol and self-harm. On the evening of the charged offense, the victim was upset and wanted to get a drink. Welch and the victim went for a drive and drank vodka. They returned home eventually, and the victim remembered entering through the garage, but did not recall anything after that.

1 Undesignated statutory references are to the Penal Code.

2 Before the two had left the house, the house was clean and tidy, and the doors were intact.…