P.
P. v. Ocegueda CA5
Opinion
Opinion
FACTS
City of Fresno Police Officer Billy Richards testified to the following: On October 1, 2011 (October 1), at 5:06 p.m., while investigating a report of a domestic disturbance, he made contact with Vanessa Ocegueda (Vanessa).3 Vanessa, who “had swelling on the right side of her skull,” told Richards the following: Appellant is her husband and the two have a child together. At approximately 1:30 p.m. to 1:45 p.m. on October 1, appellant “came over to the apartment and asked her to do his laundry,” the
All statutory references are to the Penal Code. Section 273.5, subdivision (a) (section 273.5(a)) provides, in relevant part: “Any person who willfully inflicts upon a person who is his ... spouse ... corporal injury resulting in a traumatic condition is guilty of a felony ....” We use the term “strike” as a synonym for “prior felony conviction” within the meaning of the “three strikes” law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)), i.e., a prior felony conviction or juvenile adjudication that subjects a defendant to the increased punishment specified in the three strikes law. For the sake of brevity and clarity, and not out of disrespect, we refer…