People v. Billie
Annotate this CaseDefendant was charged with attempted murder with special allegations of personal infliction of great bodily injury, and personal use of a deadly weapon (count 1); and assault with personal use of a deadly weapon, with the special allegation of personal infliction of great bodily injury (count 2). The jury deadlocked on count 1 and the trial court declared a mistrial on that count; the jury found defendant guilty of count 2 and found true the special allegation; and the prosecution dismissed count 1. The trial court found the prior conviction true as alleged and sentenced defendant to the upper term of four years in state prison on count 2, doubled to eight years as a second strike under Penal Code section 667, subdivision (e)(1). Defendant appealed. The court concluded that the trial court did not abuse its discretion by ordering defendant to wear restraints during the trial considering defendant's history of violence in response to disputes. The court also concluded that any error the trial committed by allowing the prosecutor to introduce evidence of defendant's prior conviction for assault in order to prove intent or motive in the present matter was harmless. Accordingly, the court affirmed the judgment.
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