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P. v. Webber
P. v. Webber
03/31/06

P. v. Webber


Filed 3/28/06 P. v. Webber CA3


NOT TO BE PUBLISHED









California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.













IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA






THIRD APPELLATE DISTRICT





(Placer)


----








THE PEOPLE,


Plaintiff and Respondent,


v.


ERIC DAVID WEBBER,


Defendant and Appellant.





C048439



(Super. Ct. No. 62042748)





A jury convicted defendant Eric David Webber of inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a))[1] and he admitted three prior domestic violence convictions (§ 273, subd. (e)) as well as service of a prior prison term (§ 667.5, subd. (b)). He was sentenced to state prison for the middle term of four years for the section 273.5 conviction plus one year for the service of the prior prison term.


On appeal, defendant contends (1) the evidence is insufficient to support the conviction, (2) the trial court erred by failing to instruct the jury that a violation of section 273.5 is a specific intent crime, (3) admission of prior uncharged acts of domestic violence prejudicially violated his due process rights, (4) instructing the jury per CALJIC No. 2.28 was unjustified and prejudicial, and (5) the cumulative effect of the foregoing errors requires reversal of the judgment. Disagreeing, we shall affirm the judgment.


FACTS


People's Evidence


In March 2004, defendant was living with Stacey Eberhart and their infant daughter, H., in an apartment complex. During the early morning hours of March 31, defendant and Eberhart argued over his being responsible for having awakened H. He called her a â€

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