California Court of Appeal

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People v. Newby, C057444

Conviction and sentence for aggravated mayhem, infliction of corporal injury on a cohabitant, battery, criminal threats, and grand theft are affirmed over claims that: 1) the trial court prejudicially erred in instructing the jury, pursuant to CALCRIM No. 800, that a "disfiguring injury may be permanent even if it can be repaired by medical procedures"; and 2) consecutive sentencing on a grand theft count contravened defendant's Sixth Amendment rights under Apprendi and its progeny.

Appellate Information

  • Decided 10/29/2008
  • Published 10/29/2008

Judges

  • HULL, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Catherine Chatman and Ryan B. McCarroll, Deputy Attorneys General, for Plaintiff and Respondent., Victor S. Haltom, Sacramento, for Defendant and Appellant.
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