P. v. Valencia
A jury found defendant Sergio Antonio Valencia guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); all further statutory references are to this code) and making a criminal threat (§ 422, subd. (a)), with a true finding he personally used a deadly weapon (§ 12022, subd. (b)(1). Defendant admitted several enhancement allegations, including one for a prior serious felony conviction (§ 667, subd. (a)(1)), and the superior court sentenced him to seven years in prison.
On appeal, defendant requests we independently review the denial of his pretrial motion for discovery of a police officer’s personnel record. The Attorney General agrees with this request. Defendant has also filed a request to augment the record to include the personnel record. We deny defendant’s augmentation request and conclude the trial court properly denied his discovery motion. Defendant also challenges the sufficiency of the evidence that he had the present ability to commit an assault and claims the trial court erred in failing to give a unanimity instruction on the criminal threat charge. Because the evidence supports the jury’s verdict and there was no prejudicial instructional error, we affirm the judgment.
Comments on P. v. Valencia