People v. Ballacchino CA3

FACTS

On April 24, 2014, police officers responded to a report of domestic violence at a gas station. When the officers got there, Kimberly Fortino, the mother of defendant’s child, was found bleeding heavily from her head. She and defendant had gotten into an argument during which defendant had grabbed her roughly (causing bruising), hit her in the head with a guitar, and then punched her in the back of her head. Although two people had witnessed the argument and defendant hitting Fortino, defendant claimed Fortino had slammed him to the ground and hit him, and he had fled. Defendant was charged with inflicting corporal injury on his child’s mother and assault with a deadly weapon. It was further alleged that defendant had used a deadly weapon when inflicting corporal injury. On May 21, 2014, defendant pled guilty to inflicting corporal injury on his child’s mother. In exchange, the remaining charges and two unrelated cases were dismissed with a Harvey2 waiver. On June 18, 2014, the trial court sentenced defendant to the upper term of four years in state prison. The trial court imposed various fines and fees, reserved the matter of victim restitution, and awarded defendant 101…