California Court of Appeal

Conviction for making criminal threats and misdemeanor spousal battery is affirmed over defendant's claim that CALCRIM No. 852 violated his right to due process as it allowed the jury to find him guilty based solely on uncharged acts found by a preponderance of the evidence.

Appellate Information

• Decided 02/20/2008
• Published 02/20/2008

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, J. Robert Jibson, Supervising Deputy Attorney General, Peter H. Smith, Deputy Attorney General, for Plaintiff and Respondent.