Gutierrez

Defendant, Manuel Vincent Gutierrez, was convicted by a jury of wilful and unlawful infliction of corporal injury upon his wife resulting in a traumatic condition (Pen. Code, § 273.5). He waived his right to jury trial as to alleged prior convictions, challenging their constitutionality. After trial by the court, the priors were found to be true and constitutionally valid. He was sentenced to state prison for the upper term of four years, and his sentence was enhanced one year each as to the first and second alleged priors. We affirm the judgment.

Facts

Defendant and his wife had been married for over 10 years. They had two children. About three weeks prior to the incident, defendant moved out of their apartment. He returned early one morning at approximately 3 a.m., and sought entry. The wife eventually gathered up the children and attempted to flee. Defendant stopped them before they reached the car, and they went back into the house. A scuffle ensued. Defendant pushed his wife. The wife hit defendant with a frying pan. He knocked her down and banged her head on the floor. He grabbed her by the neck and squeezed, leaving a red mark on her throat. He then knocked her…