P.v . Castanon
A jury convicted David Castanon of assault with a deadly weapon with force likely to produce great bodily injury (Pen. Code[1], § 245, subd. (a)(1)) and battery causing serious bodily injury (§ 243, subd. (d)). The jury also found true an allegation Castanon personally used a deadly or dangerous weapon (§§ 1192.7, subd. (c)(23), 12022, subd. (b)(1)), but did not find true an allegation Castanon personally inflicted great bodily injury (§ 12022.7, subd. (a)). Castanon additionally admitted having one prior strike conviction (§§ 667, subd. (b)-(i), 668, 1170.12) and two prior prison convictions
(§§ 667.5, subd. (b), 668). The trial court sentenced Castanon to an aggregate term of nine years in prison.
Castanon appeals, contending there was insufficient evidence to support his conviction for battery causing serious bodily injury and the personal use of a deadly or dangerous weapon enhancement. He further contends the trial court prejudicially erred in responding to jury questions about the meaning of "great bodily injury" and the relationship between "great bodily injury" and "serious bodily injury." Alternatively, he contends his trial counsel provided ineffective assistance by failing to object to the trial court's response. We conclude Castanon's contentions either lack merit or that any error was harmless and affirm the judgment.
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