P. v. Foster
Defendant Marvin Charles Foster appeals a judgment of conviction following a jury trial during which he was found guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)).
Defendant asserts the trial court erred by (1) admitting evidence of prior incidents of domestic violence under Evidence Code section 1109; (2) incorrectly instructing the jury with CALCRIM No. 852; (3) allowing the prosecution to amend the dates of offense during trial; (4) ordering restitution; and (5) ordering no contact with the victim under Penal Code section 136.2. In addition, defendant asserts he was denied effective assistance of counsel for his attorney’s failure to object to certain testimony, and that the conviction for assault with a deadly weapon is not supported by substantial evidence.
Defendant also brings a petition for writ of habeas corpus asserting ineffective assistance of counsel that we ordered consolidated with the appeal.
Comments on P. v. Foster