People v. Gaoa CA5

INTRODUCTION

In the early morning hours of June 26, 2015, defendant Senter John Gaoa inflicted corporal injury on his girlfriend and vandalized her vehicle. Proceeding to trial on a theory of self-defense, defendant offered an expert on “intimate partner battering” to support his defense. The trial court excluded the testimony as irrelevant because defendant, while testifying at trial, never claimed he was defending himself or feared injury from his girlfriend. Thereafter, the trial court denied defense counsel’s request to recall defendant to supplement his testimony. A jury found defendant guilty of inflicting corporal injury on a cohabitant and misdemeanor vandalism, and the court found true the prior conviction allegations. The trial court partially rejected defendant’s invitation to strike his prior convictions, denied probation, and sentenced defendant to 25 years to life under the “Three Strikes” law (Penal Code, §§ 667, subds. (b)–(i), 1170.12)1 and ordered defendant pay fines, fees, and assessments totaling $890 for count 1 and $40 for count 2. Defendant contends on appeal (1) the trial court abused its discretion in denying his request to recall himself to supplement…