P. v. Franklin

Filed 7/11/06 P. v. Franklin CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Vilia G. Sherman, Judge. Affirmed.

Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Lilia E. Garcia, Supervising Deputy Attorney General, and Janelle Marie Boustany, Deputy Attorney General, for Plaintiff and Respondent.

1. Introduction

Defendant and appellant Ronald Bernard Franklin appeals his conviction of criminal threats, attempting to dissuade a witness, unlawfully damaging a telephone connection, use of force and threats to damage property against someone assisting law enforcement, and battery of a cohabitant. He raises several contentions concerning the alleged improper admission of evidence or prosecutorial misconduct, ineffective assistance of counsel (IAC), error in the instructions, and sentencing error. We affirm.

2. Factual and Procedural Background

Trina Key, the victim, had been dating defendant for approximately two months in September 2004. On the evening of September 8, sometime after 10:00 p.m., defendant came to her apartment door. His sister, who lived in another apartment, would not let him in. Defendant had been drinking. Key described his demeanor as â€