Is there an abuse of discretion in a domestic violence case where a defendant has admitted violence against a single victim?

California, United States of America


The following excerpt is from People v. Delgado, B262394 (Cal. App. 2016):

Facts which merely afford an opportunity for a difference of opinion do not establish an abuse of discretion. (People v. Clair (1992) 2 Cal.4th 629, 655.) Moreover, defendant has misstated the facts in the record. Defendant's criminal history includes crimes of violence against three victims, not one, despite defendant's effort to discount the armed robbery and the box cutter attack; and all were considered by the trial court. Further, even if defendant had recited the facts correctly, it cannot seriously be argued that multiple acts of domestic violence against a single victim somehow show a lessened likelihood that in the future defendant would attack that victim, his next girlfriend, the next person who attempted to protect her, or anyone else who made him angry or intervened while he was acting out.

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