Ballard

A jury found appellant James Ballard guilty of felony infliction of corporal injury on a cohabitant (Pen. Code, § 273.5) and of misdemeanor battery (§ 242); the jury was unable to agree on a charge of assault with force likely to produce great bodily injury (§ 245, subd. (a)(1)). Appellant admitted a prior separate prison term. (§ 667.5, subd. (b).) The court sentenced appellant to an aggregate term of three years’ imprisonment.

Appellant contends that section 273.5 is vague, and, therefore, convicting him under its provisions deprived him of due process; that the court erred in its instructions on included offenses; and that the court abused its discretion in ruling that appellant could be impeached with a particular prior conviction. We find all of appellant’s claims to be without merit and affirm the judgment.

The Facts

On October 24, 1986, Evelyn M. lived in a San Francisco apartment with June G., Frances P., and appellant. Ms. M. and Ms. P. had moved into the apartment together at the beginning of the year; Ms. G. had just moved in and was staying temporarily while her place was being remodeled. Ms. M. testified that she and appellant had been living together two…