Chaffer
People v. Chaffer
Opinion
Opinion
Sims, J.
A jury convicted defendant Andrew Pasquale Chaffer of two counts of inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)), and found true allegations defendant inflicted great bodily injury (GBI) within the meaning of section 12022.7, subdivision (a) in both counts. The trial court sentenced defendant to a total of eight years in state prison; the upper term of four years in count one, a consecutive term of one year (one-third the midterm) in count two, and a consecutive term of three years for the GBI enhancement in count one. The trial court struck the GBI enhancement on count two.
On appeal, defendant argues he is entitled to reversal because the court erred in admitting evidence of a prior incident of domestic violence, instructing the jury with a modified version of CALJIC No. 2.50.02, and failing to instruct with CALJIC No. 2.71. He also contends the trial court erred in imposing the GBI enhancement on count one. In the published portion of the opinion, we conclude the trial court properly imposed the GBI enhancement. In the unpublished portion of the opinion, we reject defendant’s other contentions of prejudicial error.