People v. Sharpe CA3

FACTS AND PROCEEDINGS

Defendant was charged with multiple felonies and misdemeanors related to domestic violence of his former girlfriend: assault with intent to commit sodomy by force (Pen. Code, §§ 220, 286, subd. (c) -- count one; unless otherwise stated, statutory references that follow are to the Penal Code), a serious felony (§ 1192.7, subd. (c)(4)); sexual battery by restraint (§ 243.4, subd. (a) -- count two); corporal injury with a prior conviction (§ 273.5, subds. (a), (e) -- count three); assault with force likely to cause great bodily injury (§ 245, subd. (a)(4) -- count four); kidnapping (§ 207, subd, (a) -- count five); false imprisonment by violence (§§ 236, 237 -- count six); sexual battery (§ 243.4, subd. (e)(1) -- count seven); and corporal injury with a prior conviction (§ 273.5, subds. (a), (e) -- count eight). Defendant entered into a negotiated plea agreement in which he pleaded no contest to counts three and eight and admitted two prior convictions in exchange for a sentence of four years, execution of the sentence suspended, and defendant released on his own recognizance pending sentencing. As part of the agreement, defendant executed a Cruz waiver, which…