P. v. Waddams
Filed 5/16/06 P. v. Waddams 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. DONOVAN RUSSELL WADDAMS, Defendant and Appellant. | C048333 (Super. Ct. No. 04F00349) |
A jury convicted defendant Donovan Russell Waddams of making criminal threats and maliciously obstructing a telephone line. After defendant waived his remaining jury trial rights, the trial court also found true two prior felony conviction allegations. The court struck one of the prior strike conviction allegations, and sentenced defendant to 18 years in state prison.
On appeal, defendant contends the trial court improperly: (1) admitted hearsay evidence, or in the alternative, defendant received ineffective assistance of counsel; (2) admitted evidence of defendant's prior domestic abuse; (3) instructed the jury pursuant to CALJIC No. 2.50.02; (4) instructed the jury on the elements of murder; and (5) calculated the term of defendant's sentence. We conclude the sentence was incorrectly structured and remand for resentencing. In all other respects, we affirm.
FACTS
On December 24, 2003, defendant and his wife, Lori Waddams, got into an argument, during which defendant threatened Lori.[1] Lori testified at trial she did not remember calling 911; however, she confirmed it was her voice heard on the 911 tape recording from the same day. In the 911 call, Lori told the operator defendant had pushed her, took her car keys from her so she could not leave, and threatened to kill her. Lori left the house but returned later. At trial, Lori testified she and defendant had a history of exchanging threats such as, â€
