The People v. Maldonado CA4/2

I. INTRODUCTION

Defendant Hector Raul Maldonado appeals from his conviction of corporal injury

to a cohabitant (Pen. Code,1 § 273.5, subd. (a); count 1) and assault likely to produce

great bodily injury (§ 245, subd. (a)(1); counts 3 and 4).

Defendant contends (1) the trial court abused its discretion by allowing the

information to be amended to add an entirely new offense after the close of evidence

because the amendment violated his right to due process and constituted vindictive

prosecution; and (2) the abstract of judgment should be amended to reflect that his

sentence on count 3 was stayed under section 654. The People concede the abstract of

judgment should be amended.

II. FACTS AND PROCEDURAL BACKGROUND

In December 2010, defendant was living with Jane Doe, and they had an infant

child together. On December 11, defendant became angry with Doe. He told her “you

want to get some,” and he pulled her to the ground by her hair, got on top of her, and hit

her in the head with closed fists. He wrapped a towel around her neck and choked her

with it. She tried to scream, but she could not breathe. Defendant told her he was going

to kill her. When he released the towel…