P. v. Lizarde CA4/2
Defendant and appellant Edward Lee Lizarde was charged by felony complaint with infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (f)(1), count 1) and making criminal threats (§ 422, count 2). It was also alleged that he had served five prior prison terms. (§ 667.5, subd. (b).) The prosecutor subsequently made an oral motion to file an amended complaint to add the allegation that defendant personally inflicted great bodily injury upon the victim in the commission of count 1. (§§ 12022.7, subd. (e), 1192.7, subd. (c)(8).) Pursuant to a plea agreement, defendant pled guilty to count 1 and admitted the great bodily injury enhancement. The court dismissed the remaining allegations on the People’s motion. In accordance with the plea agreement, the court sentenced defendant to five years in state prison on count 1, plus a consecutive four years on the enhancement, for a total sentence of nine years. The court awarded 32 days of presentence custody credits.
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