People v. Wood CA5

INTRODUCTION

A jury convicted Leland Wood (appellant) of inflicting corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a))1 with an enhancement for the personal infliction of great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)). The court sentenced appellant to eight years in state prison. On appeal, appellant contends it was error for the trial court to give CALCRIM No. 372, the jury instruction concerning the significance of flight. We conclude the instruction was supported by sufficient evidence, and any presumed error was harmless. Appellant also contends his prior serious felony enhancement (§ 667, subd. (a)(1)), which the trial court stayed at sentencing, must be stricken because it was never proven or admitted. Respondent concedes, and we accept respondent’s concession. We strike the enhancement, and in all other respects, affirm.

BACKGROUND

Appellant and P.O. began dating in 2015. As of the trial they were still in a dating relationship. They lived together in appellant’s mother’s house for several years. Friction eventually developed between P.O. and appellant’s mother, and P.O. moved in with her nephew. On the…