People v. Velasquez CA5

INTRODUCTION

Defendant Angel Velasquez was charged by information with inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a); count 1); attempting to dissuade the complaining witness (§ 136.1, subd. (b)(1); count 2); misdemeanor vandalism (§ 594, subd. (a); count 3); and interfering with the use of a wireless communication device to prevent law enforcement from being notified of a crime (§ 591.5; count 4). (Undesignated statutory references are to the Penal Code.) As to count 1, it was alleged defendant had two domestic violence convictions within the purview of section 273.5, subdivision (f)(1): a section 243, subdivision (e)(1) conviction in Kings County and a section 243, subdivision (e)(1) conviction in Yolo County. Defendant admitted he suffered the prior convictions after trial commenced, and the jury convicted him of all the charges. The court sentenced defendant to the middle term of four years on count 1, the upper term of three years on count 2 to be served concurrently with the sentence on count 1, 187 days on count 3 to be served concurrently, and 180 days on count 4, stayed under section 654. On appeal, defendant asserts his conviction for attempting…