P. v. Torres
Defendant Carlos Torres was convicted after jury trial of inflicting corporal injury on a cohabitant with a specified prior (Pen. Code, 273.5, subd. (e)(1)),[1]possession of a controlled substance for sale (Health & Saf. Code, 11351), cultivation of marijuana (Health & Saf. Code, 11358), and two counts of attempting to dissuade a victim or witness ( 136.1, subd. (b)(1)). The trial court found true an allegation that defendant had a prior conviction for sale of a controlled substance (Health & Saf. Code, 11370, subd. (a), 11370.2), and sentenced him to 12 years in state prison.
On appeal defendant contends that there is insufficient evidence to support his conviction on one of the attempting to dissuade a witness counts, and that the trial court prejudicially erred in admitting evidence of his prior conviction for sale of a controlled substance to prove his intent to sell in the present case. Court disagree with defendants contentions and, therefore, affirm the judgment.
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