P. v. Galindo
Defendant Armondo Martin Galindo was charged with assaultive offenses against James and Jessica Walker (felony assault with a deadly weapon, a vehicle), and Dennis McMahon Sr. (McMahon Sr.) and Dennis McMahon Jr. (McMahon Jr.) (felony assault with a deadly weapon, a “stick/poleâ€). (Pen. Code, § 245, subd. (a)(1).[1]) The felony assault charges relating to the McMahons also included sentence enhancement allegations that defendant inflicted great bodily injury on the McMahons within the meaning of section 12022.7. After a jury trial, defendant was acquitted of the assault charges concerning the Walkers. However, the jury convicted defendant of assault with a deadly weapon committed against McMahon Jr., found true the related great bodily injury allegation, and assault (§ 240) as a lesser included offense committed against McMahon Sr. The court sentenced defendant to an aggregate term of six years in state prison with presentence custody credit of one day.
On appeal defendant seeks to set aside his convictions of assault against the McMahons on the ground that the People failed to prove beyond a reasonable doubt that he did not act in self-defense. He also contends that the inconsistency of the guilty verdicts undermines the usual presumption that the jury understood and followed the trial court’s instructions on self-defense. We conclude defendant’s contentions are without merit, and accordingly, we affirm.
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