People v. Bennett CA2/4

INTRODUCTION

Defendant Virginia Bennett appeals from her conviction for inflicting corporal injury on her live-in boyfriend, Freddie Morris. She claims the trial court erroneously admitted a 911 call by a witness to the incident. We conclude that the court did not abuse its discretion in ruling the statements made on the 911 call were admissible under the spontaneous statement exception to the hearsay rule. We therefore affirm the conviction. However, we agree with the parties that defendant is entitled to two additional days of presentence custody credit. We accordingly remand to the trial court with directions to correct the abstract of judgment.

PROCEDURAL HISTORY

The Los Angeles County District Attorney (the People) filed an information on August 12, 2014 charging defendant with one count of willful infliction of corporal injury on her cohabitant, Morris. (Pen. Code, § 273.5, subd. (a).) The information further alleged that defendant used a cane as a deadly weapon (Pen. Code, § 12022, subd. (b)(1)), and inflicted great bodily injury upon Morris under circumstances involving domestic violence (Pen. Code, § 12022.7, subd. (e)). In addition, the information alleged sentencing…