P. v. Brown
Defendant Raymond Paul Brown was convicted of assault with great bodily injury, criminal threats, and misdemeanor battery. At the time, he and Patty, his then girlfriend (wife at the time of trial), made statements to the police that he had hit her because he was angry she was talking to another man on the phone. At trial, however, they both recanted these statements, claiming Patty had overdosed on prescription drugs and defendant was simply trying to rouse her from her stupor by slapping and shaking her. On appeal, defendant contends the trial court erred in instructing the jury with CALCRIM No. 359, advising the jury it could rely on defendant's out-of-court statements to convict only if there was slight additional evidence that he committed a crime. Defendant also contends the court erred in denying him probation based on his failure to accept responsibility or express remorse for his crimes. Court shall affirm.
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