P. v. Carbajal
Defendant Francisco Xavier Carbajal, Jr.,[1] was charged with assault with intent to commit rape (Pen. Code, § 220, subd. (a)(1) [count 1]),[2] willful infliction of corporal injury upon a spouse (§ 273.5, subd. (a) [count 2]), and possession of a firearm by a felon (§ 29800, subd. (a)(1) [count 3]). In connection with counts 1 and 2, the information alleged he personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)).
Defendant pled guilty to count 2. Later, the jury convicted him of the lesser included offense of attempted rape on count 1, found him guilty as charged on count 3, and found the special allegations true. Defendant received an aggregate sentence of eight years eight months: a principal term of four years on count 1 plus four years for infliction of great bodily injury; and a consecutive subordinate term of eight months on count 3. Execution of punishment on count 2 was stayed pursuant to section 654.
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