People v. Weiser CA3

Good Law
Court of Appeal of CaliforniaDecember 10, 2014C075281California688 words

Opinion

Opinion

Filed 12/10/14 P. v. Weiser CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

THE PEOPLE, C075281

Plaintiff and Respondent, (Super. Ct. No. 13F00699)

v.

LANCE J. WEISER,

Defendant and Appellant.

A jury found defendant Lance J. Weiser guilty of inflicting injury on a cohabitant (Pen. Code, § 273.5)1 and “simple assault” (§ 240).2 Defendant subsequently admitted he was convicted of inflicting corporal injury on a cohabitant or spouse in January 1991. Defendant also admitted serving a prior prison term for an elder abuse conviction in 2007. Prior to sentencing, the probation department (department) issued a report and recommendation, wherein the department recommended defendant be committed to state

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