People v. Solis CA5

INTRODUCTION

Defendant/appellant Mark Solis stands convicted of violating Penal Code1 section 273.5, subdivision (a). Solis admitted two enhancements, specifically a prior serious or violent felony within the meaning of section 1170.12; and a prison prior within the meaning of section 667.5, subdivision (b). Solis contends the evidence is insufficient to sustain the section 273.5, subdivision (a) conviction because there is no evidence the victim suffered a traumatic condition. He also contends the trial court erred at sentencing by staying, instead of striking, the section 667.5, subdivision (b) enhancement. We affirm the conviction and sentence.

FACTUAL AND PROCEDURAL SUMMARY

In November 2014, Angela Fragulia (Fragulia) lived on Norton Avenue in Dos Palos. There were two houses located on the property next door. Michelle Wagner (Wagner) lived in the house that was closest to the street; Solis and his girlfriend, Christina Flores (Flores), had been living in the rear house for several months. The rear house did not have electricity or running water; Flores and Solis were squatters. On November 4, 2014, around 4:15 p.m., Fragulia heard yelling from next door. Fragulia stepped…