Beasley

Introduction

Appellant and petitioner Jermaine N. Beasley challenges his convictions for assault and corporal injury to a cohabitant on the grounds that insufficient evidence supported several counts and the statute of limitations barred conviction on several misdemeanor counts. We conclude the evidence was insufficient to support two of the corporal injury to a cohabitant counts because there was no evidence those incidents caused a “traumatic condition.” The evidence was also insufficient to support two assault with a deadly weapon counts because the implements involved were not used in a manner capable of producing or likely to produce death or great bodily injury. We further reverse Beasley’s conviction on five misdemeanor assault counts because they are time-barred. In all other respects, we affirm the judgment.

In his habeas corpus petition, Beasley contends his trial attorney rendered ineffective assistance of counsel and CALJIC No. 2.90 violates due process by misstating the burden of proof. We deny the petition because he failed to plead facts sufficient to establish a prima facie claim of ineffective assistance of counsel and because CALJIC No. 2.90 correctly…