P. v. Garrett CA3
After coming home in a drunken rage, defendant Robert Tommy Garrett beat and body-slammed his wife, fracturing several ribs and her pelvis and injuring her head. Although his wife minimized the attack in her trial testimony, her prior statements about the attack were admitted into evidence through other witnesses. The jury found defendant guilty of multiple counts and enhancements; the trial court sentenced him to an aggregate term of 13 years in state prison and he timely appealed.
Defendant contends the trial court had a sua sponte duty to instruct the jury on the lesser included offense of attempted criminal threats. He adds that the court erred in failing to apply Penal Code section 654 to his assault and threats convictions. We conclude an instruction on attempted criminal threats was warranted; however, we find the error harmless on this record. Finding no error in sentencing, we affirm.
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