P. v. Salgado
Following a jury trial, appellant was convicted of attempted voluntary manslaughter (Pen. Code, 664, 192, subd. (a)), assault with a deadly weapon ( 245, subd. (a)(1)), and misdemeanor domestic violence ( 243, subd. (e)(1)) all against his estranged wife, Mrs. Salgado; making a criminal threat ( 422) against his son, J.; and violating a court order ( 273.6, subd. (a)). Eight prior strike convictions and prior prison term allegations were found true. The trial court sentenced appellant to a total prison term of 32 years to life: 25 years to life on the attempted manslaughter conviction, plus a five year consecutive sentence for a prior serious felony enhancement ( 667, subd. (a)) and a two year consecutive sentence for two prior prison term enhancements ( 667.5, subd. (b)). Appellant also received a 32 years to life sentence on the assault conviction, stayed pursuant to section 654; a 32 years to life sentence on the criminal threat conviction, ordered to run concurrently; one year local time on the misdemeanor domestic violence conviction, stayed pursuant to section 654; and one year local time on the conviction for violating a court order, to be served concurrently.
Appellant contends that there is insufficient evidence to uphold the criminal threat conviction; that he received ineffective assistance of counsel when trial counsel failed to move for mistrial due to witness misconduct; and that the trial court improperly sanitized Mrs. Salgados prior convictions and improperly excluded evidence of her drug use. He contends these errors resulted in cumulative error. He finally contends he is entitled to additional presentence credit. Court agree only with appellants final contention. Court also agree with respondents request that we modify the abstract of judgment to reflect proper imposition of an enhancement on two counts. In all other respects, court affirm.
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