P. v. Hughes

Filed 1/31/07  P. v. Hughes 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 San Bernardino County.  Joseph R. Brisco, Judge.  Affirmed.

            Law Offices of Hodge and Bartoumian, Stanley W. Hodge and Arshak Bartoumian for Plaintiff and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, and Robin Derman, Deputy Attorney General, for Plaintiff and Respondent.

            A jury found defendant and appellant Laurie Hughes (hereafter defendant) guilty of three counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) (counts 1, 2 & 3), one count of making a criminal threat (Pen. Code, § 422) (count 4), and one count of attempting to make a criminal threat (Pen. Code, §§ 664/422) (count 5).  The trial court suspended imposition of a three-year state prison sentence for the purpose of placing defendant on probation, a term of which required that defendant serve 365 days in county jail.

            Defendant raises numerous claims of error in this appeal, the details of which we recount below in our discussion of those claims.  We conclude, for reasons we explain below, that defendant's claims are meritless.  Therefore, we will affirm.

FACTS

            The charges in this case stem from an incident that occurred about 2:00 a.m. on February 16, 2004, and that involved defendant, her estranged husband, Tim Hughes (hereafter Hughes), and his girlfriend, Kelly Grisham (hereafter Grisham).  At the time of the incident Hughes and defendant had been separated for about four months and were embroiled in what Hughes described as a bitter divorce.  Defendant and Hughes owned a vacation mobile home at Parker Dam.  Hughes and Grisham were staying at the mobile home^[1] and were both asleep in the bedroom when about 2:00 a.m. Grisham â€