People v. Ortiz CA2/7

INTRODUCTION

Defendant Gerardo Ortiz appeals from the judgment entered following his conviction by a jury of willfully inflicting corporal injury on a former cohabitant within the meaning of Penal Code section 273.5, subdivision (a).1 On appeal, Ortiz contends the trial court abused its discretion in denying his motion to dismiss his prior strike conviction pursuant to section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Monique Pinto was Ortiz’s former girlfriend and the mother of their three-year-old daughter. On the afternoon of August 3, 2012 Pinto encountered Ortiz when she was walking home. The two of them got into an argument, which escalated into a physical altercation resulting in cuts and bruises to Pinto’s face, knee, and ribs. Pinto told police that Ortiz had caused the injuries by repeatedly hitting her with a handgun. She also reported that Ortiz had threatened to kill her before beating her with the gun.2 The People charged Ortiz in an amended information with willfully inflicting corporal injury on Pinto, a former cohabitant (§ 273.5, subd. (a)), making a criminal threat (§ 422, subd. (a)), and…