P. v. Kossakowski
In case No. SWF028703, a jury found defendant and appellant Richard William Kossakowski guilty of inflicting corporal injury on a spouse. (Pen. Code, § 273.5, subd. (a), count 1.) It also convicted him of misdemeanor assault (Pen. Code, § 240), a lesser included offense of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1), count 2). Defendant admitted that he served one prior prison term. (Pen. Code, § 667.5, subd. (a).) The trial court sentenced him to five years in state prison: four years in state prison on count 1; 30 days in county jail (stayed) on count 2 (Pen. Code, § 654); and a consecutive term of one year in state prison for the prison prior.
On appeal, defendant contends that the trial court improperly admitted the preliminary hearing testimony of the victim at trial. Court affirm.
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