Byron

People v. Byron

Bad Law
170 Cal. App. 4th 657·2009 Cal. App. LEXIS 79·88 Cal. Rptr. 3d 386
Court of Appeal of CaliforniaJanuary 23, 2009B188868California6,128 words

Opinion

Opinion

Klein, J.

Defendant and appellant, Michael Earl Byron, Jr., appeals the judgment entered following his conviction, by jury trial, for domestic violence with a great bodily injury enhancement (Pen. Code, §§ 273.5, 12022.7). Sentenced to state prison for six years, Byron claims there was trial error.

The judgment is affirmed.

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence established the following.

1. Prosecution evidence.

On July 27, 2003, Christine Sowers called 911 and told the operator she had just been assaulted by her boyfriend, defendant Mike Byron. She said Byron came over to her apartment and demanded money. A fight ensued, during which Byron bit her cheek, tried to choke her, and punched her in the back. A tape recording of Sowers’s 911 call was played for the jury:

Deputy Sheriff Robert Wilkinson went to Sowers’s apartment in response to the 911 call. When he arrived, an ambulance and paramedics were already present and Sowers was on a gurney waiting to be taken to the hospital. Wilkinson testified he spoke to Sowers “briefly just to get a brief…

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