P. v. Kester
Defendant Donald Gene Kester choked his girlfriend, Tamara Jones, and held scissors to her throat when she refused to have sex with him. Shortly thereafter, defendant was stopped by deputy sheriffs. During a pat-down search, it was discovered that defendant, a convicted felon, was carrying a gun. Following a jury trial, defendant was convicted of assault with a deadly weapon and possession of a firearm by a convicted felon. The jury also found true the allegation that defendant had a prior serious felony conviction. Defendant appeals his convictions and the true finding on the prior conviction allegation, contending counsel was ineffective in failing to move for severance of the assault charge from the firearm possession charge, and in eliciting testimony of a prior incident of defendant choking the victim. Defendant also contends CALCRIM No. 220 misstates the law regarding reasonable doubt. Court shall affirm.
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