People v. Porche CA3

BACKGROUND

As explained in our unpublished decision upholding the judgment in defendant’s previous appeal, “the People filed an information collectively charging defendant with felony corporal injury on a spouse (§ 273.5, subd. (a)–count 1), dissuading a witness from prosecuting a crime (§ 136.1, subd. (b)(2)–count 2), and misdemeanor corporal injury on a spouse (§ 273.5, subd. (a)–count 3).” (People v. Porche (Oct. 25, 2019, C087804) [nonpub. opn.].) These charges arose from incidents alleged to have occurred between July 1 and August 1, 2017.2 On July 20, 2018, the day on which defendant’s trial on the felony information was to start, defendant struck a plea deal. The People agreed to amend the information so that count 1 would allege a misdemeanor violation of section 632 (surreptitious recording of private conversations), defendant would plead no contest to count 1 and receive three years’ informal probation. The deal also provided that the criminal protective order for the victim would remain in place but would be modifiable by the family court. All remaining charges would be dismissed in the interests of justice. The stipulated factual basis for the plea identified July 28,…