People v. Boewer CA6

I. INTRODUCTION

In a joint trial, defendant Tricia Boewer was convicted by jury of misdemeanor battery on the victim (Pen. Code, § 242),1 and defendant Noah Isaac Boewer2 was convicted of assault by means of force likely to produce great bodily injury on the same

1 All further statutory references are to the Penal Code. 2 For clarity and convenience, we hereafter refer to defendants by their first names. victim (§ 245, subd. (a)(4)). The jury also found true the allegation that Noah personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). The trial court granted Tricia a one-year conditional sentence with various terms and conditions. Noah was sentenced to six years in prison. On appeal, both defendants contend that the trial court erred by instructing the jury on mutual combat because there was no evidence to support the instruction. They argue that the error violated their federal constitutional rights and that the error was prejudicial. To the extent the claim has been forfeited, defendants contend that their trial counsel rendered ineffective assistance of counsel. For reasons that we will explain, we will affirm the judgment as to each defendant.

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