Hernandez

Defendants, Alice Hernandez and Daniel J. Holmes, each appeal from a judgment of conviction of one count of Penal Code section 273a, subdivision (1).

Defendants were charged in count I of the information with a violation of section 273a, subdivision (1) of the Penal Code alleged to have occurred between September 1, 1977, and April 18, 1978. Defendants waived their right to a jury trial and after a court trial on December 14, 1978, each was found guilty as charged. Probation reports were ordered. The probation department recommended that Hernandez be referred to the state prison for a 90-day diagnostic study pursuant to the provisions of Penal Code section 1203.03. After further proceedings on January 26, 1979, probation was denied as to Hernandez and she was sentenced to the state prison for the upper term of 3 years with credit for time served of 28 days. The court at that same time rejected defendant Hernandez’ request for an updated psychological report prior to sentencing. Defendant Holmes was placed on three years’ probation on condition that he serve the first year in the county jail.

Facts

Alice Hernandez and Daniel Holmes lived together as husband and wife for…