People v. Villarreal-Magana CA3

I. BACKGROUND

In January 2022, defendant argued with the victim, who was six months pregnant with defendant’s child. Although defendant denied that the argument had turned physical, the victim eventually told a responding officer that defendant had strangled her for about a minute, leaving her conscious but unable to breathe. A responding officer found a knife in defendant’s pocket. Defendant was 22 years old at the time of the incident. Defendant was charged with assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)) and willfully inflicting corporal injury resulting in a traumatic condition upon someone with whom he had a dating relationship (§ 273.5, subd. (a)). It was further alleged defendant had a prior strike (§§ 667, subds. (b)-(i), 1170.12), based on a 2019 conviction for participation in a criminal street gang (former § 186.22, subd. (a)). In May 2022, defendant pled guilty to the assault count in exchange for three years’ probation and dismissal of the remaining allegations. According to the probation report, defendant had used methamphetamine daily from the age of 15 years old through January 2022. He said he had a “decent childhood,”…