P. v. Smith CA
A jury found defendant and appellant Joshua Kane Smith guilty of multiple serious felonies, including torture, assault, and causing injury to a spouse. The jury also found true special allegations that defendant personally used a firearm and inflicted great bodily injury. Defendant was sentenced to a state prison term of 100 years to life, plus 44 years.
Defendant contends the trial court committed prejudicial error in the admission of prior acts of domestic violence against a former girlfriend, and abused its discretion in denying his motion for a mistrial due to prosecutorial misconduct. We reject both contentions. Defendant also raises three sentencing errors. We conclude one has merit and strike one 5-year enhancement imposed pursuant to Penal Code section 667, subdivision (a). We otherwise affirm the judgment of conviction in its entirety.
Comments on P. v. Smith CA