Abrego

Defendant Jose Luis Abrego was charged in an information in count 1 with infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (a)) and in count 2 with assault with a deadly weapon (§ 245, subd. (a)(1)). Each count specially alleged that the crimes had been committed while Abrego was released on his own recognizance (§ 12022.1). A jury found Abrego guilty as charged in count 1 and guilty of the lesser included offense of battery (§ 242), a misdemeanor, in count 2. The jury found the section 12022.1 allegation true as to count 1. The court sentenced Abrego to the middle term of three years for count 1 with a concurrent six-month sentence for count 2, and the court stayed the section 12022.1 enhancement. Abrego was also sentenced to 16 months in another pending case in which he had entered a plea of guilty to possession of marijuana for sale (Health & Saf. Code, § 11359). Finally, the court imposed a restitution fine of $2,000.

On appeal, Abrego contends: (1) the trial court erred in denying him his right to testify; (2) his conviction for count 1 should be reduced to battery because the evidence was insufficient as a matter of law to establish that the…