P. v. Guajardo
A jury found defendant Arcadio Kyle Guajardo guilty of assault with a deadly weapon and found that he personally used a deadly and dangerous weapon in the commission of the offense. The trial court found that he had three prior serious felony convictions. Defendant was sentenced to state prison for 25 years to life and was awarded 317 days’ custody credit and 158 days’ conduct credit.[1]
On appeal, defendant contends certain self-defense instructions were improper: (1) CALCRIM No. 3471 did not apply to this case and its use undermined his defense, (2) CALCRIM No. 3472 lacked evidentiary support and its use was prejudicial, and (3) the cumulative effect of the two errors denied him a fair trial. We affirm.
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