P. v. Hubert
A jury convicted defendant of inflicting corporal injury on a cohabitant. (Pen. Code, S 273.5, subd. (a).) In bifurcated proceedings, the trial court found he had been convicted of three priors, for which he served prison terms (Pen. Code, S 667.5, subd. (b)) and one strike prior (Pen. Code, S 667, subds. (c) & (e)(1)). He was sentenced to prison for seven years. Defendant appeals, claiming jury instruction error, prosecutorial misconduct and incompetency of trial counsel occurred. In a petition for writ of habeas corpus, which court considered with this appeal for the purpose of determining whether an order to show cause should issue, he repeats some of those arguments. Court reject all his contentions and affirm, while directing the trial court to correct an error in the abstract of judgment. Court addressed the petition for writ of habeas corpus by separate order. (See case No. E038919)
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