P. v. Houston
Defendant Houston was acquitted by a jury of misdemeanor battery but convicted of felony infliction of corporal injury on a spouse and felony assault (two counts). (Pen. Code 242, 273.5, subd. (a), 245, subd. (a)(1).)[1] The jury also made a special finding that the defendant used a knife in the commission of both assaults, and returned guilty verdicts on the lesser included offense of misdemeanor assault as to both of the felony assaults. ( 240.) Defendant was placed on probation on various terms and conditions including service of a county jail sentence. On appeal, defendant contends that the trial court erroneously (1) denied her motions for funds to retain the services of a Battered Womens Syndrome (BWS) expert; (2) denied her motion for a new trial on related grounds; (3) accepted verdicts on two counts of assault with a deadly weapon arising from a single incident; (4) stayed the convictions of the lesser included assault offenses instead of striking them; and (5) ordered her to pay the probation costs as a condition of probation. We modify the judgment to strike the convictions for the lesser included offenses and delete the probation condition that defendant pay for probation costs; however, Court affirm the order that defendant pay such costs and affirm the judgment as modified.
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