(Super. Ct. No. CRF11311)
The opinion of the court was delivered by: Duarte , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Charles Edward Reimers pled no contest to corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a).) In accordance with the plea agreement, the trial court (O'Connor, J.) placed defendant on a three-year term of probation and issued a protective order severely restricting defendant's contact with the victim.
Defendant subsequently admitted to violating his probation. The trial court (Scrogin, J.) declined to reinstate probation and sentenced defendant to the upper term of four years in state prison.
On appeal, defendant contends the trial court abused its discretion in sentencing him to the upper term. We disagree and shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On May 28, 2011, Kathleen S. visited defendant at a Marysville Motel 6. They fell asleep together after defendant drank alcohol. The next morning, defendant began packing to go to Kathleen S.'s house with her. When she tried to tell defendant she did not want him at her home, he became enraged and pushed her into a wall and then out of the room.
Outside, defendant pushed Kathleen S. as she tried to get into her car, causing her head to hit the driver's side door frame. He then slammed the door on Kathleen's right leg, causing her minor injuries.
Defendant had suffered 10 prior misdemeanor convictions and a prior conviction for first degree burglary. He had violated prior grants of ...