P. v. Freeman CA6
A jury found defendant Kelly Preston Freeman guilty of criminal threats, false imprisonment, and domestic violence battery. In a second case, Freeman pleaded no contest to first degree residential burglary. In both cases, he admitted he had suffered a prior serious felony conviction. The trial court imposed an aggregate term of 11 years eight months in state prison.
Freeman raises three claims on appeal. First, he contends his right to conflict-free counsel was violated because his trial counsel had previously represented a witness for the prosecution. Second, he contends he was denied the right to be present at a critical stage in the proceedings because he was excluded from discussions in which his attorney disclosed her prior representation of the prosecution witness. Third, he contends the trial court erred by admitting evidence of prior domestic violence acts under Evidence Code section 1109.
For the reasons below, we conclude these claims are without merit and we affirm the judgm
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