P. v. Johnson
Andre Johnson appeals from the judgment entered following his conviction by a jury of inflicting corporal injury upon the mother of his child (Pen. Code, 273.5, subd. (a))[1]and of misdemeanor child endangerment. ( 273a, subd. (b).) Appellant admitted an allegation that, within the previous seven years, he had suffered a prior conviction for violating section 273.5, subdivision (a). ( 273, subd. (e)(1).) The imposition of sentence was suspended, and he was placed on probation. One of the conditions of probation was that he serve 365 days in county jail. Appellant contends that the trial court erroneously failed to give sua sponte a unanimity instruction requiring the jury to agree on one act as the basis for the misdemeanor child endangerment conviction. In addition, appellant contends that the trial court erroneously instructed the jury pursuant to CALJIC Nos. 2.50.02 and 2.50.1. Court affirm.
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