P. v. James
Filed 8/24/06 P. v. James CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. TRACY GENE JAMES, Defendant and Appellant. | A111125 (San Francisco County Super. Ct. No. 195039) |
Defendant Tracy James appeals from a conviction for corporal injury upon a cohabitant with an enhanced sentence due to a previous domestic violence conviction, and for aggravated assault and misdemeanor battery against a cohabitant. His single contention on appeal is that his attorney rendered ineffective assistance by stipulating to his prior domestic violence conviction. Although the attorney did enter the stipulation based on a misunderstanding of the law, the stipulated evidence was plainly admissible and the stipulation resulted in no prejudice. We shall therefore affirm.
BACKGROUND
In view of the sole issue on appeal, the evidence can be summarized briefly. On February 28, 2005, three independent witnesses saw defendant punch, kick, shove against a wall and drag along the street Rosalie Djusberg, who defendant had been dating since 1999 and with whom he was living. When one of the witnesses tried to intervene, the defendant declared, â€
