P. v. Linares CA2/8
We affirm appellant’s conviction of three felony charges: first degree residential burglary (Pen. Code, § 459; count 1), making a criminal threat (§ 422, subd. (a); count 2), and attempting to dissuade a witness (§ 136.1, subd. (a)(2); count 4). We find that the trial court did not prejudicially err in admitting and excluding portions of telephone calls appellant made while incarcerated. We also find that appellant’s right to a public trial was not violated by the trial court’s limited exclusion of a small child during the playing of a portion of a jailhouse telephone call. We further find the trial court was correct in admitting “other acts” evidence pursuant to Evidence Code sections 1101, subdivision (b), and 1109, that there was no prejudicial prosecutorial misconduct, that a witness did not render an improper opinion, and that there was no instructional error.
We do, however, reverse appellant’s sentence and remand for resentencing.
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