People v. Kirvin
Annotate this CaseDefendant was charged with two counts of corporal injury to a cohabitant, assault by means likely to produce bodily injury, dissuading a witness by force or threat, and 11 counts of attempting to dissuade a witness. The trial court dismissed one of the witness dissuasion counts for insufficient evidence and, in lieu of dismissing the two corporal injury against a cohabitant counts, permitted the People to substitute two counts of misdemeanor battery in a dating relationship. The jury acquitted defendant of one other witness dissuasion count, but defendant was convicted of the remaining counts. The court concluded that the trial court did not abuse its discretion in denying defendant's request to represent himself where he repeatedly refused to come to court and be interviewed by a court-appointed mental health expert; the trial court did not err under People v. Bailey in allowing all of defendant's six convictions for dissuading a witness on the same day to stand; but the trial court should not have imposed the then $200 domestic violence restitution fine. Accordingly, the court affirmed the judgment except for modification as to the restitution fee.
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