P. v. Gonzalez
Defendant Martin Garcia Gonzalez appeals from a judgment of conviction entered after a jury found him guilty of corporal injury to a spouse (Pen. Code, 273.5, subd. (a)). Defendant admitted serving two prior prison terms (id., 667.5, subd. (b)). The trial court sentenced defendant to the upper term of five years, plus two years for the prior prison terms.
On appeal, defendant claims reversal is required due to the erroneous admission of propensity evidence under Evidence Code section 1109 and instruction on the use of such evidence pursuant to CALJIC No. 2.50.1. He also challenges the enhancement of his sentence for prior prison terms and the imposition of the upper term sentence. Court find no merit to his claims and affirm the judgment.
Comments on P. v. Gonzalez