In re Cuenca

I. BACKGROUND

In 2018, Cuenca pleaded guilty in case number CR183992 to false imprisonment (§ 236) of his girlfriend, S.C., and to a related charge of resisting arrest resulting in serious bodily injury to an officer (§ 148.10, subd. (a)). At sentencing, the court imposed a split sentence consisting of

All undesignated statutory references are to the Penal Code.

1 three years of formal probation plus county jail time that amounted to a single day, net of credit for time served. Two years later, while on probation, Cuenca was charged in case number 20CR002592 with assault (§ 245, subd. (a)(4)) and criminal threats (§ 422) arising out of a physical altercation between him and a male friend, M.O. A jury found Cuenca guilty of a lesser offense of assault (§ 240). The trial court revoked probation and sentenced Cuenca to county jail for an aggregate term running a total of five years and two months for the three felony convictions in both cases. Cuenca pursued consolidated appeals under People v. Wende (1979) 25 Cal.3d 436, and we today affirm the convictions and sentence.2 Together with his Wende appeals, Cuenca filed an original petition for a writ of habeas corpus in this…