P. v. Rumley
On January 23, 2007, a jury convicted defendant and appellant Christopher Dale Rumley of misdemeanor battery on a cohabitant under Penal Code section 243, subdivision (e)(1),[1]a lesser included offense of inflicting injury on a spouse in a traumatic condition under section 273.5, subdivision (a). The jury found defendant not guilty of child abuse likely to cause great bodily harm or death under section 273a, subdivision (a). The trial court sentenced defendant to 48 months of probation and 290 days in county jail, satisfied by time served.
On appeal, defendant contends that the trial court erred in instructing the jury with CALCRIM No. 372, and in sentencing defendant to 48 months of probation, instead of the statutory maximum of 36 months. For the reasons set forth below, we hold that (1) instructing the jury with CALCRIM No. 372 was harmless error, and (2) defendants term of probation should be reduced from 48 months to 36 months.
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