P. v. Proudfoot CA3
A jury found defendant Archie Ray Proudfoot guilty on two felony counts of infliction of corporal injury on a spouse or cohabitant (felony spousal abuse). (Pen. Code, § 273.5, subd. (a).) The trial court found true allegations defendant had three prior convictions for domestic violence related crimes and sentenced him to serve an aggregate term of eight years and four months in state prison.
On appeal, defendant contends (1) the trial court committed prejudicial error by failing to instruct on the lesser included offense of misdemeanor spousal battery, (2) reversal is required because the trial court failed to advise him of his Boykin/Tahl rights before he stipulated to his prior convictions during the jury trial phase, and (3) the abstract of judgment must be corrected to conform to the judgment actually imposed by the trial court.
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