People v. Jimenez CA6

STATEMENT OF THE CASE1

In October 2013, a complaint was filed against defendant in case No. SS132048A. The complaint alleged the following crimes: Corporal injury to a spouse or cohabitant (Penal Code § 273.5, subd. (a)2; count 1); violation of a criminal protective order (§ 166,

1 The underlying facts are omitted because they are not relevant to the issues on appeal. 2 All further statutory references are to the Penal Code. subd. (c)(1); count 2); and child endangerment (§ 273a, subd. (b); count 3). As to count 1, the complaint further alleged, that defendant had a prior conviction under section 245, subdivision (a)(1), within the preceding seven years. (§ 273.5, subd. (e).) At the time of the alleged offenses referenced above, defendant was on probation in two misdemeanor cases: Monterey County Superior Court case Nos. MS301310A and

MS309897A.

On October 23, 2013, defendant pled no contest to count 1 and admitted the section 273.5, subdivision (e)(1), allegation in exchange for felony probation. Based on that plea, the court found defendant to be in violation of probation in the two misdemeanor cases. On December 6, 2013, in the felony case, No. SS132048A, the court…