California Court of Appeal

Conviction and sentence for battery on a spouse and false imprisonment by violence or menace are affirmed, except as to reduction of probation to three years for misdemeanor battery on a spouse, over claims that: 1) the trial court's instructions lessened the prosecutor's burden of proof; and 2) defendant's sentence for misdemeanor battery was barred by Penal Code section 654.

Appellate Information

• Decided 07/19/2007
• Published 07/19/2007

Judges

• MORRISON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Cannon & Harris, Gregory L. Cannon, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.