People v. Rice CA3
Opinion
Opinion
FACTS AND HISTORY OF THE PROCEEDINGS
Defendant was charged with injuring a cohabitant (§ 273.5, subd. (a)) and false imprisonment by violence (§ 236). He pleaded guilty to injuring a cohabitant with a maximum sentence of four years in exchange for dismissal of the other count. Defendant stipulated to the probation report for the factual basis of the plea. The probation report, relying on a police report, stated defendant shoved the victim into a bathroom closest, slapped her in the face multiple times “really hard,” stopped her from leaving their home, and when the victim broke free, he grabbed her arm and threw her to the ground. Officers saw the victim rub her jaw, had red marks on her chest, and scratches on her neck. A witness also told police they heard defendant threaten to kill the victim. Defendant told police he “ ‘thought it was legal’ ” to hit the victim “with an open hand ‘when she deserved it.’ ” Defendant failed to appear for his June 24, 2021, sentencing hearing and was charged in a second case with failing to appear on his own recognizance (§ 1320, subd. (b)), with the enhancement he was on bail (§ 12022.1). Defendant pleaded guilty to failing to appear…