People v. Ugaldemedina CA4/3

FACTS

The prosecution charged Ugaldemedina with felony violations of domestic violence battery with corporal injury (§ 273.5, subd. (a); count 1), false imprisonment (§§ 236/237, subd. (a); count 2), and second degree robbery (§§ 211/212.5, subd. (c); count 3). The prosecution alleged Ugaldemedina was convicted in 2014 of carrying a loaded firearm in public (§ 25850, subds. (a) & (c)(3)) and that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). It was also alleged that this conviction constituted a prior serious felony (§ 667, subd. (a)(1)) and strike (§§ 667, subds. (d) & (e)(1), 1170.12, subds. (b) & (c)(1)) because it was committed for the benefit of a criminal street gang. Ugaldemedina pled not guilty to all charges and the prior serious felony and strike allegation. Prior to trial, Ugaldemedina moved to dismiss the complaint on the basis the prosecution destroyed or lost surveillance footage of the incident; footage he contended contained exculpatory evidence. For purposes of the motion, the parties stipulated that on the day in question, Ugaldemedina and his girlfriend, the victim, engaged in a physical and verbal dispute in the…