Navarette

Jesus Navarette appeals from his convictions and sentence for infliction of corporal injury on a cohabitant or coparent, false imprisonment, making criminal threats, attempting to dissuade a witness from testifying, and dissuading a witness from prosecuting a crime. He contends the trial court abused its discretion in admitting evidence of a prior domestic violence arrest under Evidence Code section 1109, a claim we reject. He also argues the court erred in not applying Penal Code section 654 to his sentence for dissuading a witness from prosecuting a crime. The People concede the point, and we agree. Finally, Navarette challenges the trial court’s finding that his prior conviction for a homicide offense in the State of Sinaloa, Mexico, constituted a serious felony within the meaning of the serious felony sentence enhancement statute, as well as the three strikes law. We conclude that, under applicable state and federal law, the trial court’s finding as to Navarette’s prior conviction is not supported by substantial evidence. Accordingly, we strike the trial court’s finding. The matter is remanded for resentencing consistent with this opinion. The judgment is affirmed in…