People v. Pearsall CA3

BACKGROUND

Defendant was charged with willfully and unlawfully inflicting corporal injury resulting in a traumatic condition upon a person in a former dating relationship (§ 273.5, subd. (a) -- count one); assault with a deadly weapon, a metal pipe (§ 245, subd. (a)(1) -- count two); and false imprisonment (§ 236 -- count three). As to the corporal injury count, it was alleged defendant had a prior conviction for battery on a spouse or cohabitant (§ 243, subd. (e)) within seven years of the currently charged acts, rendering him subject to a specific sentencing structure (§ 273.5, subd. (f)(2)). As to the corporal injury and assault counts, it was further alleged that defendant personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (e).) The evidence adduced at trial established that years earlier, defendant and the victim lived together and were involved in a sexual relationship, and at the time of the charged crimes they were friends. On January 25, 2014, defendant called the victim and invited her for dinner. Later that day, defendant drove to the victim’s house, saw her on her patio with a male friend, and backed out of the driveway. Defendant sent the…