California Court of Appeal

Convictions and sentencing for torture, making a criminal threat, three counts of inflicting corporal injury on his wife, and three counts of child abuse are affirmed in part and reversed in part where: 1) the trial court erred in imposing upper terms on defendant's convictions for making a criminal threat and inflicting corporal injury on a spouse based on facts not found to exist by the jury, admitted by defendant, or justified based on defendant's record of prior convictions; 2) the trial court erred in imposing a no-contact order on defendant; and 3) in all other respects the convictions are upheld.

Appellate Information

• Decided 02/09/2009
• Published 02/09/2009

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Scott Concklin, Redding, 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, Stephen G. Herndon, Supervising Deputy Attorney General, Melissa Lipon, Deputy Attorney General, for Plaintiff and Respondent.