People v. Ayala CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background In May 2016, the prosecution charged Ayala with two counts: count 1—corporal injury to a spouse (Pen. Code, § 273.5, subd. (a))1; and count 2—cruelty to a child by endangering the child’s health (§ 273a, subd. (b)). As to count 1, the prosecution alleged Ayala had suffered a prior conviction within seven years for a violation of section 273.5 committed against a victim falling under subdivision (b) of that code section. (§ 273.5, subd. (f)(1).) In September 2016, Ayala pleaded no contest to both counts as charged and admitted the special allegation. In November 2016, the trial court suspended imposition of sentence and granted a three-year term of formal probation with 60 days in county jail. In October 2017, Immigration and Customs Enforcement notified the probation department that Ayala had been deported. The probation department filed a petition and notice of probation violation alleging Ayala had failed to report to probation immediately upon his deportation. In February 2023, Ayala admitted the alleged probation violation, and the trial court revoked probation to retain jurisdiction. In March 2023, the trial court…