P. v. Saechao
A jury convicted defendant Lo Kuan Saechao of attempted sexual battery (Pen. Code, 243.4, subd. (a); count 1), corporal injury to a spouse or cohabitant ( 273.5, subd. (a); count 2), unlawful taking or driving a vehicle (Veh. Code, 10851, subd. (a); count 3), and false imprisonment ( 236; count 4). In a bifurcated proceeding, the court found true the enhancement allegation in each count that defendant suffered a prior juvenile adjudication for a serious or violent felony (i.e., robbery) on April 3, 1993. Subsequently, the court granted defendants motion to strike the prior adjudication, and sentenced defendant to a total prison term of five years two months as follows: the upper term of four years on count 2, plus six months on count 1 (one-third the middle term), and eight months on count 3. Defendants sentence on count 4 was stayed under section 654.
On appeal, defendant contends: (1) the trial court erred by admitting evidence of prior acts of domestic violence under Evidence Code section 1109 because the statute is unconstitutional; and (2) the trial court erred by imposing the upper term based on facts not found by a jury. Court affirm.
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