California Court of Appeal

Conviction for corporal injury to a former cohabitant with an enhancement for personally inflicting great bodily injury and felony battery with serious bodily injury is affirmed over claims of error that: 1) there was insufficient evidence supporting defendant's conviction of corporal injury to a cohabitant; 2) the court incorrectly instructed the jury on the elements of the lesser included offense of misdemeanor battery against a cohabitant, spouse, or person in a dating relationship; 3) there was insufficient evidence to support the conviction for felony battery with serious bodily injury; and 4) the prosecutor committed prejudicial misconduct in the closing argument.

Appellate Information

• Decided 11/18/2008
• Published 11/18/2008

Judges

• DAVIS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Madeline McDowell, Sacramento, 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, Assistant Attorney General, Julie A. Hokans and John A. Bachman, Deputy Attorneys General, for Plaintiff and Respondent.