People v. Tumilty CA5

FACTS

On September 28, 2012, in Empire, California, Tumilty committed a battery on his wife, T.T., which caused bruising. Additionally, even though Tumilty did not have visitation that day, he picked up his two minor children from school and took them out of Stanislaus County. On October 2, 2012, the district attorney filed a complaint charging Tumilty with infliction of corporal injury on a spouse (count I) and two counts of child abduction (counts II & III). The complaint also alleged Tumilty had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). On December 18, 2012, after count II was amended to name both children as victims, Tumilty pled no contest to counts I and II in exchange for the dismissal of the remaining count and the three strikes allegation.2 Tumilty also waived a probation report and time for sentencing. The court then suspended imposition of sentence and placed Tumilty on probation for three years on the condition he serve 360 days in local custody.

All further statutory references are to the Penal Code. Tumilty entered his plea prior to a preliminary hearing in this matter. He also pled no contest to a…