People v. Chaney CA1/1

Filed 7/27/23 P. v. Chaney CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A165204 v. AJ CHANEY, (Humboldt County Super. Ct. No. CR2101569) Defendant and Appellant.

Following defendant’s plea of guilty to several felonies involving the infliction of corporal injury on his spouse and the spouse’s two sons, the trial court sentenced him to state prison. Because the trial court sentenced defendant to the aggravated term for corporal injury on a child, without first obtaining a stipulation from defendant as to the circumstances in aggravation relied upon by the court to impose the upper term, we reverse and remand for resentencing. I. FACTUAL AND PROCEDURAL BACKGROUND1 Jane Doe and defendant were married and homeless, living out of a travel trailer. Jane Doe told a deputy sheriff she and defendant had no children in common, but her two sons, John Doe One and John Doe Two,

1 Because this matter was resolved by plea, we briefly summarize the

facts from the probation report.

lived with them in the trailer. For the past month, defendant had physically beaten her and John Doe One. Additionally, defendant recently had some teeth pulled and was in severe pain. Defendant was told, according to Jane Doe, that he had four months to live, due to emphysema, and had been diagnosed with several mental health disorders. She described how defendant had been taking out his frustration and pain on her and John Doe One. While speaking with Jane Doe, the deputy sheriff observed a bruise on her chin, a small bruise above her left eye, and a red and swollen right cheek, in addition to bruises on her stomach, shins, and knees. All the bruises were recent. After speaking with Jane Doe, the deputy spoke with her son, John Doe One. The deputy observed the child was very scared, had a cauliflower ear, and bruises on his chin, forehead, and right bicep. When asked about his ear, John Doe One responded defendant had hit him because he “got in trouble for not listening and lying.” As to the bruise on his chin, the minor stated defendant had punched him. A complaint charged defendant with one count of corporal injury on a child with a special allegation of great bodily injury (Pen. Code,2 §§ 273d, subd. (a), 12022.7, subd. (a); count 1), three counts of infliction of corporal injury on a spouse/cohabitant (§ 273.5, subd. (a); counts 2, 3, & 4), and one count of dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count 5). At the hearing to resolve defendant’s case, the prosecutor orally amended the complaint to add a great bodily injury allegation to count 2, infliction of corporal injury on a spouse/cohabitant; struck the great bodily injury allegation on count 1, corporal injury on a child, as to John Doe One; and added count 6, corporal injury on a child, as to John Doe Two (§ 273d,