People v. Kilpatrick CA3

BACKGROUND

The People charged defendant with two counts of inflicting corporal injury to a spouse, resulting in a traumatic condition (Pen. Code, § 273.5, subds. (a) & (f))1 and

Undesignated statutory references are to the Penal Code.

1 further alleged as to each count that defendant had a prior conviction for corporal injury under section 273.5 and a prior strike conviction for making criminal threats. As to the first count of corporal injury, the prosecution further alleged that defendant personally inflicted great bodily injury. (§ 12022.7.) The prosecution also charged defendant with battery upon an officer (§ 243, subd. (b)), two counts of resisting an executive officer (§ 69), and obstructing or delaying an officer (§ 148, subd. (a)(1)). Defendant waived his right to a preliminary hearing and entered into a stipulated plea wherein he pleaded no contest to one count of inflicting corporal injury, admitted he inflicted great bodily injury, and admitted that he suffered a prior strike conviction. He also pleaded no contest to two counts of resisting an executive officer and obstructing or delaying an officer. The parties stipulated the factual basis for the charges…