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 claim of improper admission of evidence; but 2) remanded to modify the sentence to stay execution of sentence on count 1 pursuant to Penal Code section 654 and to impose unstayed sentences on counts 2, 3 and 4.

Appellate Information

• Published 2017/03/16

Judges

• McKINSTER

Court

• California Court of Appeal

Counsel