People v. Flores CA4/1

BACKGROUND

Based on a report of physical abuse and verbal threats by Flores’s wife, Irene Olvera, police arrested Flores. The People charged him with inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a); subsequent section references are to this code) and making a criminal threat (§ 422). They alleged Flores had a prior conviction of inflicting corporal injury on a spouse within seven years of the current offense (§ 273.5, subd. (f)(1)) and had two prior convictions that qualified as strikes under the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12). As aggravating circumstances for sentencing, the People alleged Flores had served prior prison terms and was on probation when he committed the current crimes. (Cal. Rules of Court, rule 4.421(b)(3), (4).) Flores pled not guilty. The trial court found he violated the terms of probation in a prior case, revoked probation, and sentenced him to prison for seven years in the prior case. The court granted Flores’s motion to dismiss the criminal threat charge. (§ 995, subd. (a)(2)(B)). The case proceeded to a jury trial on the infliction of corporal injury charge and attached allegation. Olvera testified she and…