P. v. Hernandez CA4/2
Defendant and appellant Salvador Hernandez got into an argument with his girlfriend (Doe). Doe called the police and reported that defendant had slapped her in the face five times; punched her in the face with his fist; thrown a shoe at her hitting her shoulder; and grabbed her by the hair. At trial, she recanted these accusations insisting she was just angry because she found out that day that defendant had been cheating on her. A BWS expert testified for the People.
Defendant was found guilty of corporal injury upon a spouse or cohabitant resulting in traumatic condition (Pen. Code, § 273.5, subd. (a)). In a bifurcated proceeding, defendant admitted he had suffered one prior serious or violent felony conviction (Pen. Code, §§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)). Defendant was sentenced to serve four years in state prison.
On appeal, defendant claims the trial court failed to give a limiting instruction sua sponte advising the jury on the use of expert testim
Comments on P. v. Hernandez CA4/2