P.

FACTS AND PROCEDURAL HISTORY

On October 23, 2011, Flaata assaulted his longtime girlfriend E.W. According to the probation report, Flaata choked E.W. into unconsciousness, tore "clumps" of hair from her head, hit her in the face, kicked her in the head, and struck her with a chair and his fist. E.W. was airlifted to a hospital, where she spent two

1 All further statutory references are to the Penal Code unless stated otherwise. days recovering from her injuries, including cracked ribs. At the time, E.W. was 74 years old and had been assaulted by Flaata on prior occasions. By felony complaint, the prosecutor charged Flaata with elder abuse (count 1), making criminal threats (count 2), and inflicting corporal injury upon a spouse or cohabitant (count 3). (§§ 368, subd. (b)(1), 422, 273.5, subd. (a).) The prosecutor also alleged that E.W. suffered great bodily injury, that Flaata personally inflicted great bodily injury upon E.W., and that Flaata served a prior prison term. (§§ 368, subd. (b)(2), 12022.7, 667.5, subd. (b).)2 On November 21, 2011, Flaata waived his constitutional rights and right to a preliminary examination, and pleaded nolo contendere to elder abuse (count 1), and…