P. v. Gagnon CA3
A jury credited evidence that defendant Branden Matthew Gagnon staged his longtime partner’s attempted “suicide” by hanging, and committed other crimes against her. The jury found him guilty of most of the counts charged against him. The trial court sentenced defendant to prison for 11 years, and defendant timely filed this appeal.
On appeal, defendant contends: (1) count 9 (false imprisonment by violence) was included within count 8 (kidnapping) and must be vacated and dismissed; (2) the jury should have been instructed on false imprisonment as a lesser included offense of the kidnapping charged in count 8; (3) the trial court should not have permitted expert testimony about intimate partner battering; and (4) the trial court should not have imposed consecutive sentences for two counts of domestic violence.
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