P. v. Garcia
A jury convicted Dahir Diaz Garcia of misdemeanor false imprisonment (Pen. Code,[1] 273, subd. (a)), misdemeanor assault ( 240), corporal injury to a spouse ( 273.5, subd. (a)), and battery with serious bodily injury ( 243, subd. (d)). As to the corporal injury to a spouse charge, the jury found true allegations Garcia personally inflicted great bodily injury. As to the battery with serious bodily injury charge, the jury found true allegations Garcia personally used a deadly and dangerous weapon. The trial court sentenced Garcia to an aggregate term of seven years in state prison and ordered him to pay victim restitution to Reyes of $13,000. Garcia appeals, arguing the trial court erred in failing to give a unanimity instruction sua sponte and in imposing a $13,000 restitution fine. Court affirm the judgment.
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