P. v. Harris
A jury convicted defendant of many crimes committed against his wife and adult son, who attempted to protect his mother from defendants attack, and found defendant personally used deadly weapons (a knife against his wife and a car against his son). (Pen. Code, 245, subd. (a)(1) [two counts]; 422, 273.5, subd. (a), 646.9, subds. (a) & (b), 459 [1st, two counts], 136.1, subd. (a)(2), 417, 12022, subd. (b)(1).) The trial court sent defendant to prison for a total term of 13 years 4 months. Defendant timely appealed. On appeal defendant claims the trial court improperly ordered him to be restrained, no substantial evidence supports one count, sentence on two counts should have been stayed and the trial court should not have imposed an upper term on one count. Court affirm.
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