People v. Mabie CA4/2

FACTS AND PROCEDURE

On October 12, 2013, defendant punched his wife in the face three or four times

and grabbed her hair. When she fell to the ground, he kicked her in the shoulder and

back. Defendant did this in front of the couple’s three-year-old daughter and another

witness. While the witness was on her cell phone with 9-1-1, defendant grabbed the

phone and threw it against the wall, scratching the witness’s hands. When police officers

arrived defendant refused with cooperate. The officers were able to arrest defendant only

after using a Taser gun on him.

On January 29, 2014, the People filed a complaint alleging defendant committed

corporal injury to a spouse (Pen. Code, § 273.5, subd (a))1; unlawfully attempted to

dissuade a witness from reporting a crime (§ 136.1, subd. (b)(1)) and; resisted an

executive officer (§ 69). The People also alleged defendant had four prison term priors

(§ 667.5, subd. (b)) and a strike prior (§§ 1170.12, subds. (a)-(d); 667, subds. (b)-(i)).

On April 1, 2014, defendant pled guilty to the corporal injury charge and admitted

the strike prior, with the understanding that the remaining charges and allegations would

be dismissed and…