People v. Sanchez CA4/3

FACTS

In 2001, defendant pleaded guilty to one count of first degree burglary (§§ 459, 460, subd. (a)), one count of assault with intent to commit sodomy (§ 220) and one count of attempted rape (§§ 664, 261, subd. (a)(2)). In his written statement, defendant offered the following facts as the basis for his plea: “On October 5, 2000, in Orange County, I entered the residence of [the victim] w/the intent to commit larceny and a sexual assault. I also assaulted [the victim] with the intent to forcibly penetrate her anus and I attempted to forcibly penetrate her vagina.” He was sentenced to four years in prison. In 2005, defendant entered the apartment of his children’s mother in the early morning hours. He got on top of the victim, hit her and pulled her hair, causing injury. A neighbor entered the apartment and pulled defendant off the victim. Defendant assaulted the neighbor with a beer bottle. Defendant was ultimately convicted of one count of misdemeanor assault (§ 240) and one count of domestic battery with corporal injury (§ 273.5, subd. (a)). The information in that case alleged three strike priors, all arising out of the 2000 case. Defendant waived his right to a jury trial…