P. v. Hall
Filed 8/4/06 P. v. Hall CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Yuba)
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| THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ANTHONY HALL, Defendant and Appellant. | C049628
(Super. Ct. No. CRF04541)
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Defendant was convicted by a jury of attempting to dissuade a witness (Pen. Code, § 136.1, subd. (c)(1)), corporal injury of a spouse (id., at § 273.5, subd. (a)), assault with a firearm (id., at § 245, subd. (a)(2)), violation of a restraining order (id., at § 273.6, subd. (a)), and two counts of criminal threats (id., at § 422). He was also found to have personally used a firearm in connection with the assault (id., at § 12022.5, subd. (a)). He was sentenced to an aggregate term of 11 years in state prison. Defendant appeals, contending the trial court erred in admitting preliminary hearing testimony of the victim and evidence of prior uncharged offenses. He further contends there was insufficient evidence to support the conviction for violation of a protective order and the court gave a faulty instruction on this offense. We find no prejudicial error and affirm the judgment.
Facts and Proceedings
Defendant and the victim, J.H., are husband and wife. On June 10, 2004, they argued all day. The victim informed defendant she had thrown something of his away and defendant told her to stay out of his stuff. That evening, as the victim was getting ready to attend her son's graduation, defendant grabbed a pistol, pulled back the hammer, put the pistol to her left temple, and told her to give him his â€
