People v. Escamilla CA1/1

I. FACTUAL AND PROCEDURAL BACKGROUND2

On the morning of November 8, 1999, appellant’s then-spouse, G.O., received a telephone call from a friend. When she completed the call,

All undesignated statutory references are to the Penal Code. The factual background is taken from the probation report filed on

March 7, 2000.

1 appellant began arguing with her about receiving phone calls at their house. During the argument, he grabbed an extension cord and began striking G.O. with it, hitting her numerous times on her legs, upper arms, back and hands. He then ordered her to call her friend and tell her never to call again. During the call, G.O. told her friend that appellant had hit her and would not let her leave the house. G.O.’s friend came to the house and observed appellant holding her by the neck with his hand over her mouth. The friend called the police. Appellant was arrested and later pled guilty to violating section 273.5, subdivision (a), admitting that he had used a deadly weapon and had inflicted great bodily injury. At the plea hearing, he was asked if he understood that entering a guilty plea to the charges “could affect [his] immigration status.” After he answered,…