P.

P. v. Shaffer CA4/2

Good Law
Court of Appeal of CaliforniaJuly 24, 2013E055442California5,385 words

Opinion

Opinion

I. INTRODUCTION

A jury found defendant Ronald Allen Shaffer guilty as charged of corporal injury,

kidnapping, and making criminal threats against his girlfriend, Jane Doe. (Pen. Code,

§§ 273.5, subd. (a), 207, subd. (a), 422.)1 Defendant admitted having two prison priors, a

prior strike, and a prior serious felony conviction. (§§ 667.5, subd. (b), 667, subds. (a),

(c), (e)(1).) The court denied defendant’s Romero2 motion and sentenced him to 18 years

4 months in prison.

Defendant claims the court erroneously denied his motion for mistrial based on a

witness’s reference to his having been in jail; erroneously admitted evidence of his prior

acts of domestic violence against his former wife Demetrya; and abused its discretion in

denying his Romero motion. We find each of these claims without merit.

Defendant also claims, and the People agree, that the court erroneously imposed a

concurrent one-year term for one of his two prison priors. Defendant claims the

enhancement must be stricken because the record shows the court did not intend for him

to serve any sentence on it. We agree that the court should have either stricken the

enhancement or imposed a one-year…

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