Breslin
People v. Breslin
Opinion
Lead Opinion
Sepulveda, J.
Jean Karol Breslin appeals a judgment following her guilty plea to one count of corporal injury to a spouse or cohabitant (Pen. Code,* 1 § 273.5, subd. (a)). She contends that the trial court abused its discretion in denying her motion to withdraw her plea because her trial counsel provided ineffective assistance of counsel by failing to discover prior to the entry of her plea that the victim had attempted to recant his statement to the police. We affirm.
I. BACKGROUND
A. Facts
Because the conviction was based on a plea, the following facts are derived from the probation report:
*1413 On March 23, 2011, victim Richard A. called the Eureka Police Department to report that Breslin had assaulted him in their home. Breslin and the victim had been in a dating relationship for approximately 10 years. Upon arriving at the scene, a police officer saw Breslin walking in the street in front of the residence. According to the officer, Breslin “displayed objective signs of intoxication.” She was seen outside chasing after her dog.
When the officer contacted the victim, he could see that the victim had dried blood on his neck starting from the back of his right ear. The victim…