P. v. Casillas CA2/4
Alberto Casillas was convicted by jury of kidnapping, injuring a spouse, and criminal threats, arising from an incident with his former girlfriend, Susie R. He raises several challenges on appeal. First, he contends there was insufficient evidence for the jury to find he threatened Susie. Second, he argues that the court erred in admitting expert testimony regarding the cycle of domestic violence, particularly testimony regarding typical behaviors of a batterer. Third, he challenges his consecutive sentence on the criminal threat count, arguing that the court should have stayed that sentence under Penal Code section 654. The parties also submitted supplemental briefing regarding appellant’s request that we remand to allow the trial court to exercise its discretion to strike the five-year prior serious felony conviction enhancement.
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