P. v. McKinney
A jury convicted defendant Anthony McKinney of corporal injury to a cohabitant (count 1Pen. Code 273.5, subd. (a)) and the lesser included offense of simple assault on count 4 (Pen. Code, 240), a misdemeanor. The jury further found true allegations that defendant had suffered four prior strike convictions. After denying defendants Romero motion, the court sentenced defendant to 25 years to life on count 1.
On appeal defendant makes five contentions: (1) the courts admission of defendants prior acts of domestic violence pursuant to Evidence Code section 1109 violated defendants federal due process rights; (2) the trial court failed to properly balance the probative value of defendants prior acts with their prejudicial effect; (3) the courts instruction of the jury with CALCRIM No. 852, the standard jury instruction given when section 1109 evidence is admitted at trial, violated defendants due process rights; (4) the trial court abused its discretion in declining to strike three of defendants four prior strike convictions; and (5) the trial courts sentence violates state and federal constitutional prohibitions against cruel and/or unusual punishment. Court affirm the judgment in full.
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