P. v. Franco CA4/2
On April 25, 2016, a jury convicted defendant and appellant Dany Rene Franco of inflicting corporal injury on a cohabitant resulting in a traumatic condition (Pen. Code, §§ 243, subd. (f)(10), 273.5, subd. (a); count 1), dissuading a witness (Pen. Code, § 136.1, subd. (b); count 2), false imprisonment (Pen. Code, § 236; count 3), and violating a protective order (Pen. Code, § 166, subd. (c)(1); counts 5 and 6). It further found true the allegations that defendant inflicted great bodily injury during the commission of count 1 (Pen. Code, §§ 12022.7, subd. (e), 1192.7, subd. (c)(8)), and that he used force as to count 2 (Pen. Code, § 136.1, subd. (c)(1)). The trial court sentenced defendant to state prison for a total term of 12 years eight months. He appeals, contending the court erred in allowing testimony of prior uncharged acts of domestic violence (Evid. Code, § 1109) and refusing to stay the sentence on count 3 pursuant to Penal Code section 654. Finding no error, we a
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