P. v. Scales CA2/1
Dwain Scales appeals the judgment entered following a jury trial in which he was convicted of corporal injury to a spouse (Pen. Code, § 273.5, subd. (a); count 1) and misdemeanor battery on a spouse (§ 243, subd. (e)(1); count 3), a lesser offense to the charged crime of corporal injury to a spouse (§ 273.5, subd. (a)). The jury acquitted appellant on count 2, criminal threats (§ 422, subd. (a)). As to count 1, the jury found true the allegation that appellant personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)). Following a court trial, the trial court found true all prior strike and serious felony conviction allegations, as well as all prior prison term allegations. (§§ 667, subd. (d), 1170.12, subd. (b), 667.5, subds. (a) & (b).) The trial court sentenced appellant to state prison for 25 years to life plus 15 years on count 1, and a concurrent term of 180 days in county jail on count 3.
Comments on P. v. Scales CA2/1