People v. Williams

Appellant contends that the trial court erroneously denied his Wheeler motion, his conviction was not supported by substantial evidence, cumulative evidentiary errors and pervasive prosecutorial misconduct require reversal, and cross-examination was unduly restricted. We conclude that the trial court erred with regard to the Wheeler challenge but that none of appellant’s other arguments have merit. We therefore conditionally reverse the judgment and remand the matter to the trial court for further proceedings. Depending on the findings of the trial court, the judgment shall either be reinstated or a new trial ordered.

Background

On September 4, 1998, appellant, Byron Keith Williams, was charged by information in count 1 of inflicting corporal injury on his spouse, in violation of Penal Code section 273.5, subdivision (a), and in count 2 of assault with a deadly weapon by means of force likely to produce great bodily injury, in violation of Penal Code section 245, subdivision (a)(1). The information alleged as to count 2 that appellant personally used a dangerous and deadly weapon, within the meaning of Penal Code section 1192.7, subdivision (c)(23); and as to both…