P. v. Osby CA3
This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.
A complaint deemed an information charged defendant Derrick O’Neal Osby with corporal injury to a person with whom he had a dating relationship. (Pen. Code, § 273.5, subd. (a); further undesignated statutory references are to the Penal Code.) As jury trial was about to begin, defendant entered a plea of no contest, with the possibility of reducing the charge to a misdemeanor at sentencing.
The parties stipulated that the factual basis for the plea could be taken from the police report or probation report. The probation report stated that on December 9, 2015, the victim, who was bleeding from the left ear and had bright red scratches on her arms, told law enforcement that defendant, with whom she had had an on-again, off-again romantic relationship for the past six years, had assaulted her and repeatedly punched her. She was taken to the emergency room.
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