People v. Davidson CA3

BACKGROUND

Defendant threw a glass bottle at his ex-girlfriend, with whom he lived and who was pregnant with his child, hitting her in the head and knocking her unconscious. He was charged with infliction of corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subds. (a), (f)),1 with the enhancements that he personally inflicted great bodily injury involving domestic violence (§ 12022.7, subd. (e)) and used a deadly weapon (§ 12022, subd. (b)), as well as assault with a deadly weapon (§ 245, subd. (a)(1)) with the enhancement he personally inflicted great bodily injury (§ 12022.7), and resisting an officer (§ 148, subd. (a)(1)). On October 19, 2020, defendant pleaded no contest to assault with a deadly weapon and resisting arrest for a total of three years in state prison in exchange for dismissal of the first count and all enhancements. Defendant was released with a Cruz2 waiver and ordered to return for sentencing. The trial court warned that if he failed to return he could be sentenced to the maximum of four years. Defendant failed to appear at sentencing, and the court found he was in violation of the waiver. On December 30, 2020, the trial court sentenced defendant…