People v. Arias CA4/2

FACTS AND PROCEDURAL HISTORY

The record contains no factual summary of the charged offenses or the count to

which defendant pleaded guilty. In July 2012, by a first amended complaint, defendant

was charged with 11 offenses, including four counts of inflicting corporal injury on a

spouse (Pen. Code, § 273.5, subd. (a)), and charges of assault with a deadly weapon (Pen.

Code, § 245, subd. (a)(1)), residential burglary (Pen. Code, § 459), vandalism, and drug

or drunk driving offenses.

Before the preliminary hearing, defendant agreed to plead no contest to count 3,

one of the corporal injury counts. Defendant also admitted a strike prior offense and a

prior prison term offense (one of three alleged), as well as an enhancement allegation that

he committed the offense (on or about June 3, 2012) while he had been released on bail

or his own recognizance (OR). The remaining counts were dismissed, as well as two

additional prior prison term allegations, and a great bodily injury allegation.

Defendant requested immediate sentencing, waiving a referral for a probation

report. The court denied probation and sentenced defendant to the middle term of three

years on count 3,…