People v. Marshall CA3

BACKGROUND

The People filed a criminal complaint charging defendant with two counts of felony corporal injury on a cohabitant (Pen. Code § 273.5, subd. (a)) (subsequent undesignated statutory references are to the Penal Code). Following a preliminary hearing, the complaint was deemed the information, and defendant pled not guilty. The People originally offered to settle the case if defendant pleaded to one of the two felony counts in exchange for probation and 180 days in county jail. Defendant presented a counteroffer to plead to a misdemeanor violation with 60 days in the sheriff’s work project and 52 weeks in a batterer treatment program. The counteroffer included defense witness statements impacting the victim’s credibility. After staffing the matter, the People accepted defendant’s counteroffer. In accordance with the plea agreement, defendant pled no contest to count one as a misdemeanor. In exchange, the trial court took defendant’s waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 on count two but failed to formally dismiss this count. The court also placed defendant on three years of formal probation under specified terms and conditions. Finally, the court awarded…