P. v. Wilson CA3
Defendant and M.P. were in a dating relationship for approximately 12 years and had two children together. They got into an argument during which defendant threw M.P. around, dragged her by her hair, and punched her in the face. One of the children witnessed the assault. That child reported defendant had also hit him and grabbed him by the neck during the assault on M.P. Both M.P. and the child had injuries.
The trial court denied defendant’s application for mental health diversion (Pen. Code, § 1001.36), and defendant pleaded no contest to inflicting corporal injury on the mother of his children (§ 273.5, subd. (a)) and misdemeanor cruelty to a child, endangering the child’s health (§ 273a, subd. (b)). On the People’s motion, the trial court dismissed the remaining charges with a Harvey waiver.
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