Martin

People v. Martin

Good Law
133 Cal. App. 4th 776·2005 Cal. App. LEXIS 1650·2005 Daily Journal DAR 12672·35 Cal. Rptr. 3d 105·2005 Cal. Daily Op. Serv. 9270
Court of Appeal of CaliforniaOctober 24, 2005B177387California2,060 words

Opinion

Opinion

Boren, J.

Eric Bernard Martin appeals from a judgment entered upon his conviction by jury of corporal injury to a spouse (Pen. Code, § 273.5, subd. (a); count l), resisting arrest (§ 69; count 3) and battery with injury on a peace officer (§ 243, subd. (c)(2); count 4). The trial court found the allegation that appellant had suffered six prior felony convictions within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i) to be true. It sentenced appellant to three concurrent 25-years-to-life sentences. Appellant contends that the trial court erred in failing, pursuant to section 654, to stay execution of sentence on either the resisting arrest or battery with injury on a peace officer convictions.

We affirm.

FACTUAL BACKGROUND

On July 27, 2003, appellant and his wife, Latonja Edkar, were at home, on Deming Avenue, in the City of Downey, County of Los Angeles. Appellant became agitated and was making “stupid,” threatening remarks, frightening Edkar, and causing her to leave the house for the day. When she returned, appellant was still agitated. He went outside.

When appellant reentered the house, Edkar noticed that he had a small…

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