P. v. Sanders
Filed 3/13/06 P. v. Sanders 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. LESLIE CHARLES SANDERS, Defendant and Appellant. | C047032
(Super. Ct. No. 03F06474)
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A jury convicted defendant Leslie Charles Sanders of single counts of assault with a firearm, making a criminal threat, and corporal spousal abuse. (Pen. Code, §§ 245, subd. (a)(2), 422, 273.5.) The jury also sustained a firearm use allegation regarding the criminal threat. (Pen. Code, § 12022.5, subd. (a)(1).)
Sentenced to state prison for seven years, defendant contends on appeal that the trial court erred when it denied his motion for a new trial because: (1) his counsel was ineffective; (2) the prosecutor committed misconduct; and (3) the judge became an advocate. We affirm the judgment.
Background
On the night of June 29, 2003, defendant's spouse, Tanisha, made a 911 call. On the 911 tape, Tanisha told police that defendant had beaten her, had a gun, and was going to kill her. She repeatedly asked for immediate help. At trial, she denied these statements were true and claimed she did not know why she had said them.
On this same June night, a neighbor of defendant's was outside her house smoking a cigarette when she heard yelling and arguing and â€
