People v. Brauns CA4/1

INTRODUCTION

A jury convicted Frank Brauns of inflicting corporal injury on a spouse (Pen.

Code, § 273.5, subd. (a); count 1)1 and false imprisonment by violence or menace

(§§ 236, 237, subd. (a); count 2). As to both counts, the jury found true allegations

Brauns personally used a claw hammer as a deadly weapon (§ 1192.7, subd. (c)(23)) and

personally inflicted great bodily injury (§§ 1192.7, subd. (c)(8), 12022.7, subd. (e)). As

to count 2, the jury also found true an allegation Brauns personally used a knife as a

deadly weapon (§ 1192.7, subd. (c)(23)). In a bifurcated proceeding the court found true

allegations Brauns had one prior strike conviction and one prior serious felony conviction

(§§ 667, subds. (a)(1) & (b)-(i), 668, 1170.12, 1192.7, subd. (c)) from an out-of-state

incident. The court sentenced Brauns to 14 years in prison for count 1 based on double

the middle term for six years plus three years for the personal infliction of great bodily

injury enhancement and five years for the serious felony enhancement. The court stayed

a three-year sentence for count 2 pursuant to section 654.

Brauns contends on appeal his conviction for count 1 should be reversed…