P. v. Talamantez
Defendant Jesse Talamantez was convicted after jury trial of inflicting corporal injury on a cohabitant (Pen. Code, 273.5, subd. (a)),[1] misdemeanor disobeying a domestic relations court order ( 273.6, subd. (a)), misdemeanor obstructing a peace officer ( 148, subd. (a)(1)), and 75 counts of misdemeanor criminal contempt for disobeying a protective order ( 166, subd. (c)(1)). He admitted having served a prior prison term. ( 667.5, subd. (b).) The trial court sentenced him to five years in state prison.
Defendant contends on appeal that the trial court abused its discretion by denying his motion for mistrial, that the prosecutor committed prejudicial misconduct, and that the courts imposition of an upper term sentence violated his constitutional right to a jury trial. Court disagree with all of defendants contentions and, therefore, affirm the judgment.
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