Belton

A jury convicted defendant Willie Belton of corporal injury to a former cohabitant (Pen. Code, § 273.5, subd. (a)) with an enhancement for personally inflicting great bodily injury (§ 12022.7, subd. (e)), and felony battery with serious bodily injury (§ 243, subd. (d)). The jury sustained two strike priors and three prior prison term allegations and the court sentenced defendant to 25 years to life plus seven years.

On appeal, defendant contends there is insufficient evidence supporting his conviction of corporal injury to a cohabitant; the court incorrectly instructed the jury on the elements of the lesser included offense of misdemeanor battery against a cohabitant, spouse, or person in a dating relationship; there is insufficient evidence to support the conviction for felony battery with serious bodily injury; and the prosecutor committed prejudicial misconduct in the closing argument. We shall reject the contentions and affirm.

Background

Christine B. started a relationship with defendant in February 2005. They were intimate with each other and started to live together, sharing the room Christine had been living in when they met. Upon being kicked out of the room,…