People v. Avila CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A woman with whom Avila was in an intimate relationship testified at a preliminary hearing that she suffered from Avila’s emotional, mental, and physical abuse. She testified that as she tried to leave one day, Avila grabbed a kitchen knife and sliced her face, leaving a scar. The woman was pregnant at the time. She testified that months later, after she gave birth, Avila engaged in various acts toward her including hitting her, kicking her, and engaging in sexual acts against her will. The prosecution charged Avila by amended information with eight counts. The trial court denied Avila’s motions to substitute his appointed counsel, to set aside a count for lack of evidence, and to dismiss a count for vindictive prosecution. Pursuant to a plea agreement, Avila then pleaded no contest to two counts of inflicting corporal injury on an intimate partner with specified prior conviction (Pen. Code, § 273.5, subd. (f)(1); counts 1 and 3),1 and one count of misdemeanor sexual battery (§ 243.4, subd. (a); count 2). For count 1, Avila admitted allegations that he personally inflicted great bodily injury (§§ 12022.7, subd. (e), 1203, subd. (e)(3)) and…