California Court of Appeal

Sentence and conviction of torture, Pen. Code section 206, spousal rape with tying and binding, section 262(a)(1), injury to a spouse, section 273.5(a), and criminal threats, section 422, are: 1) affirmed as to conviction over defendant's contention that the court should have conducted a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 based on his statements during a hearing on his request to represent himself and his contentions concerning the improper admission of evidence; but 2) remanded with instructions to stay sentence on count 3 where he trial court erred in imposing an unstayed sentence on count 3.

Appellate Information

• Published 2016/11/22

Judges

• McKINSTER

Court

• California Court of Appeal

Counsel