People v. Poe CA1/4

BACKGROUND

Poe’s claim is limited to the circumstances of the sentencing hearing and does not identify any trial errors; therefore, we recite the procedural, and omit the factual, history. An information alleged that Poe inflicted corporal injury on his former spouse (Penal Code 1 § 273.5, subd. (a); count one), assaulted her with force likely to produce great

All statutory references are to the Penal Code.

1 bodily injury (GBI) (§ 245, subd. (a)(4); count two) and, as to both counts, inflicted GBI on the domestic violence victim (§ 12022.7, subd. (e)). The information included three prior prison term enhancements (§ 667.5, subd. (b)), which the court dismissed on the People’s motion. On March 2, 2020, the jury found Poe guilty of both counts and found the infliction of GBI allegations to be true. The court conducted a sentencing hearing on March 27, 2020. The court received and considered the presentence report, the People’s sentencing memorandum in aggravation, and Poe’s letters in support of his request for felony probation. Relevant to this appeal, at the outset of the hearing, Poe’s counsel advised the court Poe’s “family is in the hallway” and asked to bring them in.…