Bravo

INTRODUCTION

On June 24, 1997, defendant Estaban Zarate Bravo pleaded guilty to and was

convicted on a plea bargain agreement of: a felony violation of domestic violence

(Pen. Code, 1 §273.5, subd. (a); count 1) and felony violation of child cruelty (§ 273a,

subd. (a); count 2). The trial court sentenced defendant to two years’ incarceration,

suspended, and placed him on formal probation for 36 months on terms and conditions

including 25 days’ custody, for which he was granted time served.

On December 11, 2018, defendant filed a motion to vacate the judgment pursuant

to sections 1016.5 and 1473.7. On March 19, 2019, the trial court denied the motion. On

December 23, 2020, following defendant’s appeal of the trial court’s decision, this court

affirmed. (People v. Bravo (2020) 58 Cal.App.5th 1161.) On March 24, 2021, our

Supreme Court granted review, and on May 3, 2021, issued People v. Vivar (2021)

Cal.5th 510, disapproving of this court’s opinion in Bravo. On June 9, 2021, the

Supreme Court transferred the appeal in Bravo back to this court with directions to vacate

the decision and reconsider the matter in light of its decision in Vivar. (People v.…