P. v. Martinez CA4/1
Johnny Martinez, Jr., entered a plea of no contest to one count of inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a); count 4) and to dissuading a witness or victim from testifying (§ 136.1, subd. (b)(1); count 7). Pursuant to the plea agreement, the balance of the charges were dismissed with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754, 758 [defendant may agree to the court's consideration of dismissed counts for sentencing purposes]). The court sentenced Martinez to a stipulated upper term of four years in prison for count 4. The court imposed an upper term sentence of three years for count 7, but stayed punishment for this count pursuant to section 654.
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