P. v. Mejia
Appellant was charged with four felony counts following a violent confrontation with M. (the victim) on April 9, 2005: infliction of corporal injury resulting in traumatic condition upon the victim, who was then the spouse/cohabitant of appellant (Pen. Code, 273.5, subd. (a) [count 1]), assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1) [count 2]), false imprisonment by means of violence, menace, fraud, and deceit (Pen. Code, 236 [count 3]), and threatening to commit a crime which would result in death or great bodily injury (Pen. Code, 422 [count 4]). He was also charged with using force and violence upon the victim for an incident on March 21, 2005 (Pen. Code, 243, subd. (e)(1) [count 5]). A jury trial ensued and the jury found appellant guilty of counts 1, 3, 4 and 5. The jury found appellant not guilty of count 2 as charged in the information, and instead found him guilty of the lesser included misdemeanor offense of simple assault (Pen. Code, 240). Appellant now challenges the admission of certain evidence, as well as the sentence imposed. Court conclude that no prejudicial error resulted from the trial courts evidentiary rulings, but remand for resentencing.
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