People v. Scott CA5

BACKGROUND

On March 6, 2018, the Kings County District Attorney charged defendant with domestic violence (Pen. Code, § 273.5;1 count 1) and false imprisonment (§ 236; count 2). The complaint further alleged defendant had suffered a prior “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On May 7, 2018, defendant pled no contest to both counts and admitted violating probation in two misdemeanor cases, in return for a maximum sentence of four years eight months. The trial court struck the remaining allegations. On May 11, 2018, the trial court suspended imposition of sentence and granted defendant three years’ probation with terms and conditions, including enrollment in a batterer’s treatment program. On January 10, 2019, defendant admitted violating probation. The trial court reinstated probation under the same terms and conditions. On March 18, 2020, defendant admitted violating probation in exchange for a suspended four-year sentence and reinstatement of probation. The trial court imposed and suspended the upper term of four years on count 1 and the upper term of three years on count 2, stayed pursuant to section…