P. v. Enciso
Raul Enciso was convicted on three counts of corporal injury to a spouse, cohabitant or childs parent (commonly referred to, and referred to hereafter, as domestic violence) (Pen. Code, 273.5). In a bifurcated proceeding, the trial court found Enciso had suffered one prior serious or violent felony conviction within the meaning of the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and he had served two separate prison terms for felonies ( 667.5, subd. (b)). He was sentenced to prison for an aggregate term of 14 years. On appeal, Enciso contends the trial court erred by failing sua sponte to give a unanimity instruction. Alternatively, he claims defense counsel rendered ineffective assistance by failing to request a unanimity instruction if the trial court were not obligated to do so.Court affirm.
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