People v. Saechao CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The substantive facts underlying defendant’s convictions are not relevant to our disposition and are therefore not recounted here. An amended information charged defendant with several counts related to acts of domestic violence against his girlfriend, including: one count of willful infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a); undesignated statutory references are to the Penal Code); one count of kidnapping (§ 207, subd. (a)); two counts of dissuading a witness (§ 136.1, subd. (b)(1)); one count of false imprisonment by violence (§ 236); and one count of making criminal threats (§ 422, subd. (a)). As to all counts, the information also alleged a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12) and prior serious felony conviction enhancement (§ 667, subd. (a)(1)) for battery with serious bodily injury (§ 243, subd. (d)) in 2007. The information further alleged five aggravating factors. (Cal. Rules of Court, rules 4.421(a)(1), (a)(2), (a)(3), (a)(6), (a)(11).) Defendant waived his right to a jury trial as to the prior strike, prior serious felony conviction enhancement, and aggravating factors. A jury…