P. v. Deering
In February 2007, appellant physically abused his girlfriend. He pled guilty to one count of felony corporal injury to a cohabitant in exchange for dismissal of one count of forcible sodomy. ( 286, subd. (c)(2).) He admitted allegations that he had suffered a prior conviction for corporal injury to a cohabitant within seven years ( 273.5, subd. (e)) and served a prior prison term within five years. ( 667.5, subd. (b).)
The trial judge sentenced appellant to three years in state prison, consisting of the low term of two years for violation of section 273.5 and one year for the prior prison term. The court denied appellant's motion to reduce the section 273.5 charge to a misdemeanor in the interest of justice, citing appellant's criminal history. ( 17, subd. (b).)
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