People v. Uscola CA3

BACKGROUND

The facts underlying defendant’s offenses (both prior and current) are not at issue in this appeal. It suffices to say that defendant was found guilty by jury of spousal battery (§ 243, subd. (e)(1)); corporal injury on a spouse resulting in a traumatic condition (§ 273.5, subd. (a))2; battery resulting in serious bodily injury (§ 243, subd. (d)); and violating a protective order (§ 166, subd. (c)(1)). As to the felony battery and corporal injury charges, the jury also found true the allegation that defendant had personally inflicted great bodily injury (§ 12022.7, subd. (e)); as to the corporal injury charge, the jury found true that defendant had a prior domestic violence conviction (§ 273.5, subd. (f)(1)). As relevant here, the trial court sentenced defendant to the upper term of five years in state prison for the corporal injury on a spouse (§ 273.5, subds. (a) & (f)(1)), with an additional five years for the great bodily injury enhancement, totaling 10 years in prison. Defendant appeals.

DISCUSSION

It is undisputed that defendant had sustained a prior misdemeanor conviction pursuant to section 273.5, subdivision (a). Defendant contends that this conviction was…