Kramis

People v. Kramis

Bad Law
147 Cal. Rptr. 3d 84·2012 Cal. App. LEXIS 976·209 Cal. App. 4th 346·2012 WL 4017992
Court of Appeal of CaliforniaSeptember 13, 2012No. B236892California1,714 words

Opinion

Lead Opinion

Turner, J.

I. INTRODUCTION

A jury convicted defendant, Joseph Lawrence Kramis, of assaulting a woman, Nicole J., by means of force likely to produce great bodily injury. (Pen. Code, 1 former § 245, subd. (a)(1), as amended by Stats. 2004, ch. 494, § 1, p. 4040, now § 245, subd. (a)(4), as amended by Stats. 2011, ch. 183, § 1.) The jury found not true an allegation defendant personally inflicted great bodily injury. (§ 12022.7, subd. (a).) The trial court declared a mistrial as to a second count, willful infliction of corporal injury upon a former cohabitant. (§ 273.5, subd. (a).) Defendant was sentenced to four years in state prison. Defendant contends the trial court erroneously excluded evidence going *349 directly to the victim’s credibility and veracity; it was reversible error to fail to instruct the jury it had to specify in the verdict what act constituted assault with force likely to produce great bodily injury; it was an abuse of discretion to deny defendant probation; and defendant was entitled to additional presentence custody credit. In addition, we asked the parties to brief the effect, if any, of Southern Union Co. v. United States (2012) 567 U.S._, - [ 183 L.Ed.2d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.