People v. Dusharm CA3

BACKGROUND

The complaint charged defendant with willful infliction of corporal injury on an intimate partner, assault by means of force likely to cause great bodily injury, and assault with a deadly weapon. (Pen. Code,2 § 273.5, subd. (a)—count I; § 245, subd. (a)(4)— count II; § 245, subd. (a)(1)—count III.) The complaint further alleged defendant had a prior strike offense. (§§ 667, subds. (b)-(j), 1170.12.) Defendant stipulated to the following factual basis: “Defendant and the victim, . . . who had been dating for approximately three months, were at their residence. The Defendant had come home in a state that was described as being ‘blackout drunk.’ He started arguing with the victim and throwing items around the house, punching holes in the wall. He was initially upset because the front door had been left unlocked. The Defendant started hitting the victim in the face and choking her until she went unconscious. The victim described seeing white when she was being choked and had blurred vision in her left eye, constituting a traumatic condition. [¶] . . . [T]he victim went to the hospital to receive treatment for her injuries. [¶] At one point during the incident, the…