People v. Leach CA3

facts of defendant’s offense.

1 We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

An information alleged that defendant inflicted corporal injury resulting in a traumatic condition upon E.S., who was a cohabitant or the mother of his child (count I; Pen. Code, § 273.5, subd. (a)),1 and assaulted E.S. by means of force likely to produce great bodily injury (count II; § 245, subd. (a)(4)). As to both counts, the information alleged that defendant had been convicted of “MN Code [section] 609.24 . . . (Simple Robbery),” a strike (§§ 667, subds. (b)-(i), 1170.12). The information did not quote the Minnesota statute. In a motion in limine to admit defendant’s prior acts of domestic violence, the People summarized defendant’s criminal history, including this account of the alleged strike: “PRIOR ROBBERY CONVICTION [¶] On December 20, 1999, defendant was sentenced for his plea to Simple Robbery, a felony, in Martin County, Minnesota. The facts of that case, as laid out in the district court’s certified copy of the complaint, are as follows: Defendant had threatened clerks at a convenience store and take [sic] a donation box from the counter on the evening of June 5, 1999.…