P. v. Wagner CA4/1
A jury convicted Kenneth Lee Wagner of inflicting injury on a spouse or fellow parent (Pen. Code, § 273.5, subd. (a)), possession of a controlled substance (Health & Saf. Code, § 11377), and vandalism (§ 594, subd. (a)). The trial court made a true finding that Wagner had five prior strikes (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and three prison priors (§ 667.5, subd. (b)). Wagner was sentenced to a term of 11 years in prison.
Wagner contends (1) substantial evidence does not support the domestic violence conviction because the injury he inflicted did not result in a traumatic condition; (2) the trial court abused its discretion in denying his motion to strike his prior strikes; and (3) the trial court abused its discretion by imposing an aggravated upper term sentence for the domestic violence count. We conclude that Wagner's arguments lack merit, and we accordingly affirm the judgment.