P. v. Nolette
Defendants, appeal from their conviction for assault with a deadly weapon by means likely to produce great bodily injury. (Pen. Code, S 245, subd. (a)(1).) Mr. Wilkerson also appeals his convictions for three counts of child abuse (S 273a, subd. (a)) and one count of criminal threats. (S 422.) Ms. Nolette also appeals from her convictions for three counts of misdemeanor child abuse. (S 273a, subd. (b).) In addition, defendants appeal from the trial court's findings that both Mr. Wilkerson and Ms. Nolette were each previously convicted of serious felonies and served two prior prison terms. (SS 667, subds. (a)(1), (b) (i), 667.5, subd. (b), 1170.12.) Ms. Nolette argues there was insufficient evidence to support her convictions in counts 3, 4, and 5. Ms. Nolette further argues that the trial court improperly failed to sua sponte instruct the jurors on the specific intent element of aiding and abetting and allowed the use of a prior conviction, which was remote in time, to impeach her. Mr. Wilkerson argues the trial court improperly refused to exercise its discretion to strike his prior serious felony conviction. Mr. Wilkerson joins Ms. Nolette's arguments to the extent they accrue to his benefit. Court affirm the judgment.
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