P. v. Dunahoo
Defendant Nicholas Dunahoo was convicted of charges related to a domestic violence incident against his girlfriend. He contends (1) the trial court erroneously instructed the jury regarding evidence of uncharged domestic violence, and (2) the trial court erroneously believed it did not have discretion to impose anything but the upper term sentence for count 1 in case No. MFE15000140. We conclude there was no prejudicial error in giving the jury instruction on evidence of uncharged domestic violence and the trial court exercised its discretion in imposing the upper term for count 1. Accordingly, we affirm the judgment.
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