P. v. Gill
Defendant Richard Daniel Gill waived his right to a jury trial, and the trial court found him guilty of assault with a deadly weapon (a wooden TV tray) by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1))[1]and inflicting corporal injury upon a cohabitant ( 273.5) and not guilty of first degree residential burglary ( 459). The court also found true allegations defendant used a deadly weapon in the commission of the crime of corporal injury upon a cohabitant ( 12022, subd. (b)(1)), inflicted great bodily injury in circumstances involving domestic violence in the commission of both offenses ( 12022.7, subd. (e)), and served three prior prison terms ( 667.5, subd. (b)).
On appeal, defendant contends (1) the trial court erroneously admitted statements made by the victim to a police officer at the crime scene, (2) there is insufficient evidence to support his conviction for inflicting corporal injury upon a cohabitant, and (3) should his conviction for inflicting corporal injury upon a cohabitant be reversed, the weapons enhancement must be stricken. Court affirm the judgment.
Comments on P. v. Gill