P.

P. v. Cole CA5

Good Law
Court of Appeal of CaliforniaApril 19, 2013F062418California8,086 words

Opinion

Opinion

INTRODUCTION

Appellant Stein Heath Cole maintains the following: (1) the trial court erred when it allowed prior bad acts evidence as the evidence was irrelevant and prohibited by Evidence Code sections 352 and 1101, subdivision (b); (2) he was deprived of his state and federal due process rights, as well as his right to a reliable verdict, because the great bodily injury enhancement pursuant to Penal Code1 section 12022.7 was imposed in the absence of substantial evidence; (3) the evidence was insufficient to prove attempted dissuasion of a witness; and (4) the trial court erred when it imposed consecutive terms on counts 9 through 12 as those terms are prohibited by section 654. We affirm the judgment.

PROCEDURAL BACKGROUND

In an information filed August 4, 2009, appellant was charged with corporal injury to his spouse, Kim Cole2 (§ 273.5, subd. (a); count 1), forcibly resisting arrest (§ 69; counts 2 & 15), criminal threats (§ 422; counts 3 & 14), unauthorized cultivation of marijuana (Health & Saf. Code, § 11358; count 4), possession of marijuana for sale (Health & Saf. Code, § 11359; count 5), being a felon in possession of a firearm (§ 12021, subd. (a)(1); count 6),…

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