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P. v. Negroni
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Lilia E. Garcia, Lynne McGinnis, Felicity Senoski, and Linh Lam, Deputy Attorneys General, for Plaintiff and Respondent.
In early 2010, defendant Ralph Charles Negroni leased a house in Desert Hot Springs with his wife, Emilia Negroni. However, by June 2010, he had moved out of the residence into another apartment due to marital problems. On June 28, he came to the home and saw through a bedroom window Emilia using methamphetamine with another man in her bedroom. Defendant threw a rock through the window, entered the bedroom, and beat up Emilia.[1]
Defendant was convicted of first degree burglary (Pen. Code, § 459)[2] and corporal injury to a spouse (§ 273.5, subdivision (a)). The special allegation that someone other than an accomplice was present during the burglary (§667.5, subdivision (c)(21)) was found true. Defendant was granted three years of formal probation with 60 days in the custody of the Riverside County Sheriff’s Department in the work program.
Defendant now contends on appeal as follows:

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