P. v. Hung
Appellant Hong Hung appeals from a judgment entered after a jury convicted him of mayhem (Pen. Code, § 203, count 1)[1] and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1), count 2). As to count 2, the jury found to be true the special allegation that appellant personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). The trial court sentenced appellant to four years in state prison selecting the midterm on the mayhem conviction. The court imposed the upper term of four years for the assault and stayed the sentence pursuant to section 654. The court struck the punishment for the great bodily injury enhancement (§ 12022.7, subd. (a)).
Appellant contends (1) the trial court erred in excluding evidence that the victim’s friends threatened appellant, (2) the trial court should have, sua sponte, instructed the jury that it could consider evidence of prior threats by the victim and his friends when evaluating the reasonableness of appellant’s claim of self-defense, and (3) cumulative prejudice resulting from the claimed errors requires reversal. Finding no error, we affirm the trial court’s ruling.
Comments on P. v. Hung