People v. Rivera CA5

INTRODUCTION

Defendant Julio Cesar Rivera was convicted by jury of five offenses arising out of a domestic violence incident with his girlfriend occurring in front of their two children. Defendant was convicted of willful infliction of corporal injury (Pen. Code, § 273.5, subd. (a),1 count 1); making a criminal threat (§ 422, subd. (a), count 2); false imprisonment effected by violence (§§ 236, 237, subd. (a), count 3); and two misdemeanor counts of willful endangerment of a child (§ 273a, subd. (b), counts 4 & 5). Defendant admitted a prior serious felony conviction allegation. Defendant was sentenced to an aggregate term of seven years four months, as follows: The court imposed the middle term of three years on count 1 (§ 273.5, subd. (a)) doubled to six years for the prior strike (§ 667, subd. (e)(1)); a consecutive term of 16 months on count 2 (§§ 422, subd. (a), 1170, subd. (h)(1)) (one-third the two-year middle term, doubled for the prior strike (§ 667, subd. (e)(1)); a concurrent middle term of two years on count 3 (§§ 236, 237, subd. (a), 1170, subd. (h)(1)), doubled to four years for the prior strike; and time served as to misdemeanor counts 4 and 5. Defendant timely…