P. v. Deloge CA3
Convicted of domestic abuse, criminal threats, and other crimes and sentenced to 45 years eight months in prison, defendant Joseph Kyle Deloge appeals. He contends (1) the evidence was insufficient to support the convictions for (A) a criminal threat as alleged in count 2, (B) a criminal threat as alleged in count 11, (C) felony false imprisonment as alleged in count 3, and (D) assault with force likely to produce great bodily injury as alleged in count 4. Defendant also contends (2) the trial court erred by not giving the jury a unanimity instruction relating to felony false imprisonment as alleged in counts 3 and 6; (3) the prosecutor committed misconduct on several occasions during trial and defense counsel was ineffective in failing to object; (4) we must strike the two one-year terms imposed under Penal Code former section 667.5, subdivision (b), because the statute has been amended to eliminate those terms; (5) we must remand to provide the trial court an opportunity to exercise
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