Silva
People v. Silva
Opinion
Opinion
Bissig, J.
Appellant, David Silva, was convicted by a jury of one count of spousal abuse (Pen. Code, § 273.5) and four counts of spousal rape (§ 262), all committed on October 2, 1991, and a second count of spousal abuse committed on October 10, 1992. In a bifurcated proceeding, the court found true an allegation he had previously been convicted of a serious felony (assault with a deadly weapon) within the meaning of section 667, subdivision (a). The court sentenced him to an aggregate term of 19 years in state prison and ordered him to pay a restitution fine of $1,900 (Gov. Code, § 13967).
On appeal, appellant contends the trial court committed various sentencing errors: (1) it used his prior conviction both to enhance his sentence and to impose the aggravated term; (2) it abused its discretion in imposing consecutive sentences; and (3) it ordered him to pay a restitution fine without considering his ability to pay. In addition, he contends section 273.5, which criminalizes abuse of a spouse or cohabitant of the opposite sex, violates the equal protection clause because it does not also apply to abuse of a cohabitant of the same sex. We will affirm the judgment.