People v. Diaz CA6

FACTS AND PROCEDURAL HISTORY

I. The 2000 Conviction

On February 29, 2000, San José Police Officers responded to reported domestic violence that had occurred the previous day. The incident was reported by Priscilla A., defendant’s then-girlfriend and mother of their 16-month-old son. Priscilla informed officers that on February 28, while in defendant’s car, he struck her repeatedly. He then drove to his home where he continued to hit Priscilla, striking her 15 to 20 times with a belt across her back, arms, and legs. He also kicked her repeatedly and struck her with a closed fist. Defendant stopped hitting Priscilla when his mother arrived home and interrupted him. Defendant was charged with one felony count of inflicting corporal injury on a spouse, cohabitant, former spouse, or former cohabitant in violation of section 273.5. On March 8, 2000, defendant pleaded no contest to the charge with the understanding he would receive probation that would include a condition that he serve one year in jail. On April 7, 2000, in accordance with the plea agreement, the trial court placed defendant on formal probation for three years with one year in county jail as a condition of probation.…