People v. Carbajal CA5

FACTS AND PROCEDURAL HISTORY

On July 10, 2017, Carbajal battered his girlfriend, R.V., held her at knifepoint in her own house, hit her repeatedly, threatened to cut out her eyes and chop her up, and threatened to kill her family. As she fled, he urged her not to call law enforcement. After Carbajal was incarcerated, he contacted R.V. by telephone and letter numerous times, urging her not to talk to anyone outside of his own attorney, stating things like “if there’s no victim there’s no crime” and later telling her he would only get out if she testified “nothing happened.” Carbajal was charged with two counts of inflicting corporal injury on a person in a dating relationship (counts 1 & 2; Pen. Code, § 273.5, subd. (a))2 ; one count of making a criminal threat (count 3; § 422); one count of felony false imprisonment (count 4; § 236); one count of dissuading a witness (count 5; § 136.1, subd. (b)(1)) and eight counts of attempting to dissuade a witness (counts 6-12; § 136.1, subd. (b)(2)). It was further alleged as to counts 2 and 3 that Carbajal personally used a deadly weapon (§ 12022, subd. (b)(1)); and that Carbajal had previously suffered two prior serious felony…