People v. Gonzalez CA4/2

FACTS AND PROCEDURE

On the evening of January 24, 2012, defendant’s girlfriend, with whom defendant

had a child and who was pregnant with their second child, made a police report stating

defendant had punched and choked her the previous evening and straddled her to prevent

her from leaving the apartment where he was staying. The girlfriend had a black eye, a

red mark on her forehead, and complained of head and wrist pain.

On May 11, 2010, defendant had pled guilty to misdemeanor inflicting corporal

injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a)).1 Also on that date, a

criminal protective order was issued to protect defendant’s girlfriend. It was to be

effective for three years.

On August 1, 2013, which was also the first day of trial, the People filed an

amended information charging defendant with inflicting corporal injury on the parent of

his child, having previously been convicted of violating section 273.5, subdivision (a) on

May 11, 2010 (§ 273.5, subd. (e)), felony false imprisonment (§ 236), and misdemeanor

violating a protective order, resulting in physical injury (§ 273.6, subd. (b)). The People

also alleged defendant had a prior strike…