P. v. Wade
A jury found defendant guilty of corporal injury upon a former cohabitant (Pen. Code, 273.5, subd. (e)(2))[1](count 1) and kidnapping ( 207, subd. (a)) (count 2). In a bifurcated hearing, defendant admitted that he had sustained two prior prison terms. ( 667.5, subd. (b).) Defendant was sentenced to a total term of seven years in state prison. On appeal, defendant contends (1) the trial courts instruction to the jury removing the element of traumatic condition from the jurys consideration violated his constitutional rights; (2) his sentence on count 1 should have been stayed pursuant to section 654, as count 1 arose out of the same course of conduct as count 2; and (3) there was insufficient evidence to sustain his conviction for the corporal injury count under section 273.5, subdivision (e)(2), as there was no evidence that he violated that subdivision. Because there was no evidence of a qualifying prior conviction as required by subdivision (e)(2) of section 273.5, the judgment must be modified to reflect a finding of guilty under subdivision (a) of section 273.5. Court reject defendants remaining contentions.
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