Defendant was in a dating relationship with A.M. With A.M. as a passenger, defendant drove into the parking lot of an apartment complex in Davis. Seventeen-year-old R.S. and his mother L.D. were in the parking lot and saw defendant and A.M. in the car. Defendant was punching and hitting A.M., mainly on her head, as he screamed and yelled at her. Defendant also head-butted A.M. and pulled her by the hair. A.M. was awake but seemed tired and unresponsive. She opened the passenger door and put her foot out, getting her foot stuck in the door when defendant tried to pull her in.
R.S. and L.D. yelled at defendant to let A.M. out of the car. Defendant pointed his finger at R.S. and L.D. through the open passenger window and told them to “mind your own business,” “shut up about this,” and “don’t tell anyone.” Defendant also used some racist language against L.D., who was wearing a head scarf. Defendant’s conduct scared R.S. and L.D.
Defendant pulled A.M. into the car and took off, even though A.M.’s foot was partially out of the door. R.S. obtained the license plate number.
A jury convicted defendant of domestic violence (§ 273.5, subd. (a) - count one) and false imprisonment with force (§§ 236, 237 - count two). The jury also convicted defendant of two counts of witness dissuasion (§ 136.1, subd. (b)(1) - counts three and four), having acquitted defendant of the greater crime of witness dissuasion by threat (§ 136.1, subd. (c)(1)). The trial court found true an allegation that defendant had a prior serious felony and strike conviction.
The trial court sentenced defendant to the upper term of four years for domestic violence, with a consecutive term of eight months (one-third the middle term) for false imprisonment. The trial court also sentenced defendant to a consecutive full middle term of two years for count three, witness dissuasion, with a concurrent full middle term of two years for count four, witness dissuasion. The trial court doubled the terms based on defendant’s prior strike. In addition, the trial court added a consecutive five years for the prior serious felony conviction. The aggregate sentence imposed was 18 years four months.
DISCUSSION
I
