Button

People v. Button

Good Law
14 Cal. App. 5th 603·2017 Cal. App. LEXIS 714·223 Cal. Rptr. 3d 15·2017 WL 3529678
Court of Appeal of CaliforniaAugust 17, 2017D070341California3,133 words

Opinion

lead Opinion

Aaron, J.

*606 I.

INTRODUCTION

A jury found Edward Benjamin Button guilty of one count of corporal injury to a spouse or roommate ( Pen. Code, § 273.5, subd. (a) ) 1 (count 1), and one count of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)) (count 2). With respect to both counts, the jury found true the allegation that Button personally inflicted great bodily injury upon the victim (§ 1192.7, subd. (c)(8)). 2 The trial court imposed a sentence of 240 days in the custody of the Sheriff, stayed execution of the portion of the sentence that Button had not yet served (220 days), and placed Button on formal probation for three years.

On appeal, Button claims that the People failed to present sufficient evidence that he was not acting in self-defense when he punched the victim in the face, breaking her nose and causing her to suffer a concussion. In the unpublished portion of this opinion, we conclude that there is plainly evidence upon which the jury could have *17 reasonably found that Button did not act in self-defense.

Button also claims that the jury's true findings on the serious felony allegations (§ 1192.7, subd. (c)(8)) must be reversed because the…

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