California v. Megown

Kevin Megown beat Michelle R., the mother of his child. After one incident where Michelle's mother, Maria R., came to aid her, Megown threatened to kill both of them as he held a gun. A jury convicted Megown of violating a domestic violence restraining order, possessing an assault weapon, and inflicting corporal injury on a cohabitant. It also found true allegations that he inflicted great bodily injury in circumstances involving domestic violence. The jury acquitted on some counts and could not reach a verdict on several others. Megown was retried on some of the unresolved counts. A second jury convicted Megown of inflicting corporal injury on a cohabitant, three counts each of criminal threats, and assault with a semiautomatic firearm. The trial court sentenced Megown to a total term of 17 years in prison. On appeal, Megown argued the trial court erred by: (1) admitting past uncharged acts of domestic violence under Evidence Code section 1109 with respect to the counts involving Maria; (2) admitting evidence of abuse that occurred more than 10 years before the charged crimes; (3) giving CALCRIM No. 875 (assault with a firearm) without modification; and (4) failing to stay the sentence on one of the criminal threats counts under Penal Code section 654. He also claimed the abstract of judgment should have been amended to accurately reflect the trial court's oral pronouncement and that the cumulative effect of the above errors require reversal. While the Court of Appeal agreed the trial court erred when it failed to stay the sentence on one of the criminal threats counts under Penal Code section 654 and that the abstract of judgment should be corrected, it rejected Megown's other arguments. The matter was remanded for the limited purpose of allowing the trial court to determine whether to strike the firearm enhancements. In all other respects, the convictions were affirmed. View "California v. Megown" on Justia Law