P. v. Trigueros 5/22/07 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B187098

Case Date: 08/09/2007

Preview:Filed 5/22/07 P. v. Trigueros CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

THE PEOPLE, Plaintiff and Respondent, v. EDGARDO TRIGUEROS, Defendant and Appellant.

B187098 (Los Angeles County Super. Ct. No. BA272076)

APPEAL from an order of the Superior Court of Los Angeles County. Anita H. Dymant, Judge. Affirmed in part, reversed in part, and remanded.

Janice Wellborn, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

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Edgardo Trigueros appeals from the judgment of conviction for corporal injury to a cohabitant, assault by means likely to produce great bodily injury, assault with a semiautomatic firearm, making criminal threats, dissuading a witness, and two counts of child abuse. He argues that (1) jury instructions were improper and (2) the court erred in imposing an aggravated term for several of the crimes. We conclude only his second argument has merit. We remand the case to the trial court to sentence him in accordance with the requirements of Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856] (Cunningham). In all other respects, the judgment is affirmed. PROCEDURAL BACKGROUND Trigueros was charged as follows: (1) count 1 -- willful infliction of corporal injury upon a cohabitant (Pen. Code,

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