People v. Martin CA1/1

STATEMENT OF THE CASE

The information in this case was filed December 11, 2012, charging defendant with three counts: (1) violation of section 273.5, subdivision (a), a felony (inflicting corporal injury to a spouse, cohabitant, or child’s parent); (2) violation of section 368, subdivision (b)(1), a felony (inflicting injury on an elder or dependent adult), and (3) violation of section 273a, subdivision (b), a misdemeanor (child endangerment).

1 Unless otherwise indicated, all further statutory references are to the Penal Code. 1 On July 12, 2013, the jury convicted defendant of count one as charged (§ 273.5, subd. (a)) and the lesser included offense of count two, misdemeanor elder abuse (§ 368, subd. (c)). On October 4, 2013, the trial court suspended the imposition of sentence and placed defendant on probation for three years, with the condition he serve four months in the county jail. Defendant made a timely appeal.

STATEMENT OF FACTS

Defendant attended a football game involving the Oakland Raiders on November 4, 2012 with a friend. While at the game, defendant consumed between four and six shots of alcohol. He was inebriated when he returned home. Defendant lived with his…