People v. Jauregui CA2/8

Filed 1/20/21 P. v. Jauregui CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B301440

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA119225) v.

ROBERT JAUREGUI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Juan C. Dominguez, Judge. Modified and remanded. David Zarmi, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent. __________________________

Robert Jauregui was sentenced to prison for inflicting corporal injury on his child’s mother within seven years of being convicted of a similar offense. On appeal, Jauregui contends there is insufficient evidence showing his prior conviction occurred within seven years of his present offense. The Attorney General concedes the point. We modify the judgment and remand for resentencing. FACTUAL AND PROCEDURAL BACKGROUND On September 1, 2018, Erica L.1 walked outside her house and saw Jauregui, who is the father of her child. Erica was arguing with someone on the phone, and she looked at Jauregui. As she started walking back towards the house, Jauregui said, “So what’s up now, bitch? Talk some shit.” He pulled Erica’s hair and struck her in the face with a closed fist several times. Erica was bleeding from her head, and she was transported to a hospital. Medical records indicated she had suffered a fractured nose and orbital bone, as well as a hematoma on the top of her head. Jauregui was charged with a single count of violating Penal Code section 273.5, subdivision (f)(1)2 (hereafter section 273.5(f)(1)), which prohibits inflicting corporal injury on the parent of an offender’s child within seven years of a previous conviction for violating section 273.5, subdivision (a) (hereafter section 273.5(a)). It was further alleged that Jauregui inflicted