P. v. Farber
Defendant Devon John Farber appeals after a jury convicted him of inflicting corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a))[1] and found that he personally inflicted great bodily injury under circumstances of domestic violence (§ 12022.7, subd. (e)). After finding that defendant had a prior felony conviction that qualified as a strike (§ 1170.12, subd. (c)(1)) and that he had served a prior prison term (§ 667.5, subd. (b)), the trial court imposed a seven-year prison sentence.
On appeal, defendant contends: (1) there was insufficient evidence to support his conviction and the great bodily injury enhancement; (2) trial counsel was ineffective for failing to object to prosecutorial misconduct during argument to the jury; and (3) the trial court erred by staying, rather than striking, the prior prison term enhancement.
For reasons explained below, we reject defendant’s challenges to his conviction and the great bodily injury enhancement. However, we will reverse the judgment and remand the matter to the trial court for sentencing proceedings on the prior prison term enhancement, which was improperly stayed.
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