People v. Peterson CA1/1

INTRODUCTION

Defendant Lisa Peterson was charged by information with inflicting injury on an elder or dependent adult from December 16 through December 29, 2012 (Pen. Code, § 368, subd. (b)(1); count one), inflicting corporal injury to a spouse on December 29, 2012 (Pen. Code, § 273.5, subd. (a); count two), and assault by force likely to produce great bodily injury on the same date (Pen. Code, § 245, subd. (a)(4); count three). A jury found defendant guilty as charged in 2013. The trial court sentenced her to prison for four years and she timely appeals. Over defense objection, the trial court admitted evidence of prior acts of abuse by defendant against her husband pursuant to Evidence Code section 11091 and instructed the jury with CALCRIM Nos. 852 and 853. On appeal, defendant argues her counsel rendered ineffective assistance of counsel because he failed to object to the wording of those instructions. We find no error and affirm.

1 Unless otherwise indicated, all further statutory references are to the Evidence Code.

STATEMENT OF FACTS

I. Background

Arthur Peterson was 68 years old at the time of trial. At that time, his only source of income was his Social Security…