P. v. Stockdale
Jerry Bernard Stockdale appeals from the judgment entered upon his convictions by jury of misdemeanor assault (Pen. Code, 240, count 1),[1]as a lesser included offense to the charged assault with deadly weapon ( 245, subd. (a)(1)), and battery with serious bodily injury ( 243, subd. (d), count 2). Defendant admitted having suffered a prior felony conviction within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (a) through (i), and a prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to an aggregate state prison term of 11 years. Defendant contends that the trial court (1) violated his right to present a defense under the Fifth, Sixth and Fourteenth Amendments when it excluded evidence that supported the defense version of the case, and (2) erred in excluding nurse record evidence, which defendant sought to use to establish the basis of the nurses expert opinion and restore her credibility. Court affirm.
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