P. v. Holbrook
A jury convicted defendant of assault by means of force likely to produce great bodily injury. (Pen. Code, 245, subd. (a)(1).) The jury found true an allegation that defendant inflicted great bodily injury on his victim. (Id., 1192.7, subd. (c)(8), 12022.7, subd. (a); see also id., 667, subd. (a)(4).) The assault occurred on June 12, 2005. Defendant admitted and the trial court found true an allegation that defendant had a prior conviction for which he had served a prison term within the meaning of Penal Code section 667.5, subdivision (b). The court sentenced defendant to six years in prison. On appeal, defendant contends that the court abused its discretion in permitting the prosecution to introduce three photographs into evidence, erred in failing to instruct the jury sua sponte to disregard the photographs assertedly prejudicial content, and erred in giving an instruction on flight as showing awareness of guilt; that there was prosecutorial misconduct; and that he received ineffective assistance of counsel. Court affirm the judgment.
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