People v. Bowers CA3

BACKGROUND

Defendant and his spouse attended a barbecue on July 27, 2013. They both consumed alcohol but left the gathering when defendant became upset that his spouse was not paying attention to him. At home, defendant punched his spouse six times, then grabbed a large knife and told her he would “cut” her if she fell asleep. He also held the tip of the knife against her knee. When defendant passed out, his spouse fled their home and went to a relative’s home where she called the police. An officer arrived and observed a lump on the spouse’s forehead and redness on her face. Defendant was arrested at their home. The spouse requested and obtained an emergency protective order. Defendant pleaded no contest to inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a))1 and admitted a prior strike conviction allegation (§ 1170.12): a 1996 conviction for assault with a deadly weapon. In exchange, the remaining counts and allegations were dismissed with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754), and another case (case No. 12F5462) was also dismissed. The plea agreement included a sentencing lid of four years in prison. The trial court denied defendant’s…