P. v. Hernandez
Defendant was convicted after jury trial of inflicting corporal injury on the mother of his child (Pen. Code, 273.5, subd. (a)),[1] and felony false imprisonment ( 236, 237). In a bifurcated proceeding, the trial court found that defendant had two prior serious felony convictions that also constituted strikes ( 667, subd. (a), 1170.12, 1192.7, subd. (c)), and that he had served two prior prison terms ( 667.5, subd. (b)). The court denied defendants request to strike his strikes, and sentenced defendant to the indeterminate term of 25 years to life.
On appeal defendant contends that (1) the courts instructions to the jury pursuant to CALJIC Nos. 5.40 and 5.42 misstated the law; (2) counsels failure to object to CALJIC Nos. 5.40 and 5.42 and to request correct instructions constituted ineffective assistance; (3) the court improperly instructed the jury pursuant to CALJIC No. 5.55; (4) the court improperly admitted evidence of defendants prior misdemeanor battery conviction; (5) the cumulative effect of these errors requires reversal; and (6) there is insufficient evidence to support the findings as to the prior strikes. Court disagree with all of these contentions, and therefore affirm the judgment.
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