Price

People v. Price

Good Law
120 Cal. App. 4th 224·15 Cal. Rptr. 3d 229·2004 Cal. App. LEXIS 1044·2004 Daily Journal DAR 8071·2004 Cal. Daily Op. Serv. 5946
Court of Appeal of CaliforniaJune 30, 2004A101668, A104440California8,039 words

Opinion

Opinion

Reardon, J.

A jury convicted appellant Steven Price of inflicting corporal injury on a spouse and assault by force likely to produce great bodily injury. (Pen. Code, §§ 245, subd. (a)(1), 273.5, subds. (a), (e).) He was given a suspended prison sentence and was granted probation for a term of five years. (Case No. A101668.) Within a year, his probation was revoked and he was sentenced to three years in state prison. (Case No. A104440.) In this consolidated appeal, Steven contends that (1) the admission of a hearsay statement made by his spouse to a police officer violated his Sixth Amendment right to confront witnesses against him; (2) his trial counsel’s failure to object to a second hearsay statement made by his spouse to another police officer constituted ineffective assistance of counsel; (3) the admission of expert testimony regarding strangulation as a possible cause of death was improper and prejudicial; and (4) the admission of evidence of a prior incident of domestic violence denied him due process. For their part, the People challenge (5) the sentence imposed as legally unauthorized. We reverse and remand for resentencing, but otherwise affirm the judgments.

I. FACTS

A.…

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