P.

INTRODUCTION

Appellant Arvind Sinha appeals his conviction following a jury trial of one count of inflicting corporal injury on his spouse (Pen. Code, § 273.5, subd. (a)),1 and one count of attempting to dissuade a witness from giving testimony (§ 136.1, subd. (a)(2)). The trial court sentenced him to an aggregate term of four years in state prison. We affirm in part, reverse in part and remand for resentencing.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. The Charges Arvind2 was charged in an amended information with two counts of first degree burglary (§ 459, counts 1 & 3), one count of inflicting corporal injury upon his spouse (§ 273.5, subd. (a), count 2), and one count of attempting to dissuade a witness from giving testimony (§ 136.1, subd. (a)(2), count 4). The information specially alleged that Arvind had committed each of the offenses while released from custody on bail in another case (§ 12022.1). Arvind pled not guilty and denied the special allegation.

B. The Prosecution’s Case i. Count 2. As of February 5, 2011, Kimberlie Sinha had been married to Arvind for 13 years and had two children with him. Kimberlie testified that in January and February, 2011 they were…