P. v. Whitfield
A jury convicted defendant Kenneth Glen Whitfield of two counts of corporal injury and one count of assault with a deadly weapon against his live-in girlfriend, Virginia W., as well as one count of criminal threat against Virginias uncle, Marvin W. (Respectively, Pen. Code, 273.5, subd. (a), 245, subd. (a)(1), 422.) The jury also found that defendant used a weapon during the criminal threat offense. ( 12022, subd. (b)(1).) The jury deadlocked on another count of criminal threat (with Virginia the alleged victim) and a count of assault with a deadly weapon (with Marvin as the victim), and a mistrial was declared on those two counts. Sentenced to seven years in state prison, defendant appeals. He contends the trial court (1) violated his confrontation rights by admitting into evidence a statement that Marvin had given to a police officer; (2) erroneously admitted evidence of prior domestic violence; (3) violated his right to a public trial by ordering his daughter to leave the courtroom temporarily; (4) erroneously allowed the People to amend the information to add the criminal threat charge involving Marvin; (5) failed to instruct on the lesser included offense of attempted criminal threat; and (6) violated his jury trial (and related due process) rights by imposing an upper term. Court find no prejudicial error and affirm the judgment.
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