People v. Phillips CA5

INTRODUCTION

Joshua John Phillips (defendant) assaulted his former girlfriend, B.C., one night in Kern County. B.C. sustained physical injuries from the attack. Police arrested defendant in B.C.’s home. She subsequently obtained a criminal protective order and served it on defendant. A few days later, defendant called B.C. from jail in violation of the protective order and asked her not to “use this against” him in court. He apologized to B.C., told her he loved her, and promised to make it up to her. An amended information charged defendant with (among other conduct) inflicting corporal injury on a person in a dating relationship (Pen. Code, § 273.5, subd. (a)) and dissuading the victim of a crime (§ 136.1, subd. (b)(2)). (Undesignated statutory references are to the Penal Code.) The information also alleged defendant suffered a prior serious felony conviction within the meaning of section 667, subdivision (a) and suffered six prior prison convictions within the meaning of section 667.5, former subdivision (b). A jury convicted defendant of inflicting corporal injury on B.C. and dissuasion of a crime victim. Defendant admitted the prior serious felony conviction and the six…