People v. Gonzales

Timothy Gonzales appeals from the judgment entered following a jury trial that resulted in his conviction of willful infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)) and his admission that he had a prior robbery conviction (Pen. Code, § 211) that was alleged as a qualifying prior felony conviction under the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). He was sentenced to a total prison term of eight years and ordered to pay a $200 restitution fine under Penal Code section 1202.4, subdivision (b).

Appellant contends that the trial court erred in failing to instruct the jury sua sponte regarding the defense of accident. Respondent contends that the trial court erred in failing to impose a $200 parole revocation fine pursuant to Penal Code section 1202.45.

Factual and Procedural Background

Michaela M. testified that in early July 1997 she was living with appellant, who was her boyfriend, and she was pregnant with his child. Michaela was 18, and appellant was 36. Between 1:00 a.m. and 2:00 a.m. on July 4, 1997, appellant woke her up and told her to prepare something for him to eat. When she refused, he poured water on her.…