P.

P. v. Diaz CA5

Good Law
Court of Appeal of CaliforniaJuly 22, 2013F063116California7,086 words

Opinion

Opinion

Levy, J.

INTRODUCTION

Appellant Frank Munoz Diaz physically and sexually abused his wife (the victim) for many years. He was convicted after jury trial of 13 felonies and 5 misdemeanors including spousal rape and assault with a knife. In this opinion we reject appellant’s challenge to the sufficiency of the evidence and claims of evidentiary, instructional, sentencing and Boykin/Tahl error. (Boykin v. Alabama (1969) 395 U.S. 238, 242-244; In re Tahl (1969) 1 Cal.3d 122, 130-131.) We agree with the parties that the abstract of judgment contains a clerical error. The judgment will be affirmed and the superior court will be directed to prepare an amended abstract of judgment.

PROCEDURAL FACTS

On December 7, 2010, a 13 count information was filed charging appellant with sexual and assaultive crimes committed on the victim during 2007 and 2008. First and second amended informations were subsequently filed. Appellant denied the charges and enhancement allegations. The matter proceeded to jury trial, which commenced on May 23, 2011. On June 2, 2011, a 20 count third amended information was filed. Appellant was charged with three counts of assault by means of force likely to produce great…

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