People v. Miranda CA3

BACKGROUND

Defendant had a prior dating relationship with the victim. On May 28, 2014, the victim was at a boat ramp when defendant walked up to her, engaged in a verbal confrontation, and followed her home. He then hit her on the top of the head with an empty 32-ounce glass beer bottle. As a result of defendant’s blow, the victim sustained a traumatic condition injury.2 A complaint charged defendant with infliction of corporal injury on a person with whom defendant has or had a dating relationship (§ 273.5, subd. (a)--count 1) and assault with a deadly weapon, to wit a beer bottle (§ 245, subd. (a)(1)--count 2). As to count 1, the complaint further alleged defendant had previously been convicted of violation of section 273.5 within the past seven years. The complaint also alleged two prior prison term enhancements. (§ 667.5, subd. (b).) Defendant pleaded no contest to count 1. In accordance with the plea, the trial court sentenced defendant to the upper term of four years and dismissed the remaining counts and allegations. The trial court awarded defendant 89 days of presentence custody credit and ordered him to pay a $300 restitution fund fine (§ 1202.4), with a $30 processing…