Noriega

Certified for Partial Publication. [*]

A jury found Fernando Noriega guilty of felony corporal injury to spouse [1] and found true an allegation he inflicted great bodily injury upon his spouse. The trial court sentenced Noriega to the low term of two years on the offense and the low term of three years on the great bodily injury enhancement. [2] On appeal Noriega contends (1) the trial court's statements during voir dire about prospective jurors' affiliation with organizations attempting to change the law had a chilling effect on jury selection and encroached on the prospective jurors' First Amendment rights of expression and association, (2) the use of CALJIC 17.41.1 chilled jury deliberations and infringed on Noriega's rights to juror unanimity and a fair trial, (3) there was insufficient evidence to support the great bodily injury enhancement and (4) the trial court did not exercise its "informed discretion" when it sentenced Noriega under the great bodily injury enhancement. We affirm.

On August 25, 2000, Fernando Noriega ("Noriega") and his wife Sofia Noriega ("Mrs. Noriega") got into an argument. As a result of Noriega's actions during the argument, Mrs.…