Hernandez

A jury convicted Gabriel Louis Hernandez of inflicting corporal injury upon a cohabitant (Pen. Code, § 273.5, subd. (a)), possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)). The jury further found that Hernandez had suffered two prior strike convictions. (Pen. Code, § 667, subds. (b)-(i).) He was sentenced to prison for two consecutive 25-year-to-life terms and appeals, claiming evidence was improperly admitted and his trial counsel was incompetent. We reject his contentions and affirm.

Facts

Hernandez and the victim had been married, divorced, reconciled and had been cohabiting for five years since reconciliation. At the time of trial, she was unavailable to be a witness. During the early morning hours of August 17, 1996, the victim called 911 from a convenience store, reporting that Hernandez had battered her. An officer arrived and she told him that Hernandez had “tripped out,” accusing her of having an affair, and when she told him he was crazy, he got mad and wrestled her to the floor. When she got up, he hit her about eight times in the face. Hernandez then…