P. v. Craig
A jury convicted defendant Lamarr Brion Craig of dissuading a witness (Pen. Code, 136.1, subd. (c)(1) -- count one)[1], making criminal threats ( 422 -- count two), violating a court order ( 166, subd. (c)(1) -- counts three, four), resisting arrest ( 148, subd. (a) -- count five), and unlawfully possessing a smoking device (Health & Saf. Code, 11364 -- count six). In a trial by court, the court found defendant had a prior serious felony strike conviction ( 667, subds. (a)-(i), 1170.12, subds. (a)-(d)). Sentenced to state prison for 11 years, defendant contends (1) that, for various reasons, the trial court erred by admitting other crimes evidence;[2](2) the trial courts failure to instruct the jury, sua sponte, with CALJIC No. 2.50.2, defining preponderance of the evidence, was federal and state constitutional error; (3) the cumulative effect of the errors was prejudicial; and (4) the trial court erred in imposing various fines and fees. While Court reject defendants first three contentions, Court agree there was some error regarding imposition of the fees.
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