P. v. Cox
Appellant Thomas R. Cox appeals his conviction following a jury trial of one count of driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)), one count of driving with a blood alcohol concentration of 0.08 percent or higher (Veh. Code, § 23152, subd. (b)), and one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).[1] Cox raises the following arguments on appeal: (1) the evidence was insufficient to support the assault with a deadly weapon conviction; (2) the prosecution misstated an essential element of the assault charge in its closing argument; (3) the trial court erred in admitting evidence of a defense witness’s prior misdemeanor conduct while refusing to modify the jury instructions to address the prosecution witnesses’ criminal conduct in this case; (4) the trial court abused its discretion in denying Cox’s request for a continuance to retain private counsel; (5) the trial court may have erred in determining there was no discoverable material in the arresting officer’s personnel file; and (6) there was cumulative error. We modify the judgment to correct a sentencing error, but otherwise affirm.
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