People v. McGraw CA2/6

FACTS AND PROCEDURAL HISTORY

Appellant beat his longtime girlfriend with a chair during an argument in 2010. A jury convicted him of corporal injury to a cohabitant. (§ 273.5, subd. (a)). Appellant received an aggregate prison term of 22 years: a base term of four years, doubled, on the corporal injury charge; three one-year prior prison term enhancements (§ 667.5, subd. (b); a one-year deadly weapon enhancement (§ 12022, subd. (b)(1)); a five-year great bodily injury enhancement (§ 12022.7, subd. (e)); and a five-year serious felony enhancement (§ 667, subd. (a)(1)).2 He began serving his sentence in 2011. In 2022, the California Department of Corrections and Rehabilitation (CDCR) recommended recalling appellant’s sentence and resentencing him pursuant to sections 1172.7, subdivision (a) and 1172.75, subdivision (a). The trial court struck the three one-year prior prison term enhancements as legally invalid under section 1172.7.3 It denied appellant’s request to strike the remaining enhancements under section 1385, subdivision (c), but agreed to stay the one-year deadly

2 The jury also convicted appellant of assault with a deadly

weapon for the same incident. (§ 245.) The…