People v. Gutierrez

Opinion

CANTER, J. *

Defendant, Manuel Vincent Gutierrez, was convicted by a jury of wilful and unlawful infliction of corporal injury upon his wife resulting in a traumatic condition (Pen. Code, § 273.5). He waived his right to jury trial as to alleged prior convictions, challenging their constitutionality. After trial by the court, the priors were found to be true and constitutionally valid. He was sentenced to state prison for the upper term of four years, and his sentence was enhanced one year each as to the first and second alleged priors. We affirm the judgment.

Facts

Defendant and his wife…