People v. Brendlinger CA3

BACKGROUND

In 2014, a complaint was filed in the Shasta County Superior Court charging defendant in count 1 with corporal injury to a spouse (§ 273.5, subd. (a)) and in count 2 with assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)). It further was alleged under both counts that defendant had served two prior prison terms (§ 667.5, subd. (b)). The victim was defendant’s ex-girlfriend and the mother of their two children. When the victim arrived home one evening, she found defendant on her second story balcony. When the victim let him inside, defendant grabbed her by the neck and pushed her into the living room. Defendant then pushed her on a couch, choked her, and after a brief struggle, left her apartment. In 2015, defendant pleaded no contest to count 1 and admitted the two section 667.5, subdivision (b) enhancements. Defendant also pleaded no contest to misdemeanor corporal injury to a spouse (§ 273.5) in Shasta County Superior Court case No. 14M507. In exchange, execution of a six-year state prison term would be suspended and defendant would be granted three years’ formal probation, with all other counts being dismissed. No appeal was taken. In 2020,…