Martin

People v. Martin

Good Law
175 Cal. App. 4th 1252·96 Cal. Rptr. 3d 616
Court of Appeal of CaliforniaJune 24, 2009E046579California2,057 words

Opinion

Opinion

Hollenhorst, J.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1254 OPINION Defendant and appellant Louis Lambert Martin was charged with resisting an executive officer (Pen. Code, § 69 ; count 1) 1 and corporal injury to a spouse or cohabitant (§ 273.5, subd. (a); count 2). Pursuant to a plea agreement, defendant pled guilty to count 1, and count 2 was dismissed at the time of sentencing. The trial court placed defendant on three years' probation with specified conditions. On appeal, defendant contends the court improperly imposed probation conditions addressing domestic violence, since the court dismissed the corporal injury to a spouse charge, and there was no Harvey 2 waiver in the plea agreement. We affirm. FACTUAL BACKGROUND On July 27, 2008, police officers were dispatched to the apartment where defendant lived with his girlfriend (the victim) regarding a domestic violence incident. Defendant had already fled the scene before the officers arrived. *Page 1255 Upon arrival, the officers observed redness and swelling to the victim's nose and cheek. She advised them that defendant had punched her in the…

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