P. v. Clavel
Appellants Juan Rudolfo Clavel and Ernesto Lopez were jointly charged with a series of offenses arising out of assaults on a store owner and his son. Following a jury trial, Clavel was convicted of one count of assault with a deadly weapon (Pen. Code,245, subd. (a)(1)) and one count of battery with the infliction of serious bodily injury ( 243, subd. (d)). The jury also found that Clavel had inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). Lopez was convicted of two counts of assault with a deadly weapon and two counts of battery with serious bodily injury. The jury also found that Lopez inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). Each appellant was sentenced to prison for six years. Both Clavel and Lopez appeal contending the trial court erred in denying a motion for mistrial and in its instructions to the jury regarding the rereading of witness testimony. Court will reject both contentions and affirm.
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