California Court of Appeal

Conviction of battery with serious bodily injury, assault with a deadly weapon, finding of great bodily injury enhancements, and sentence to 22 years and four months, is modified so that sentence on one count is stayed under Penal Code section 654, but judgment is otherwise affirmed over claims that: 1) the trial court erred by denying motion to bifurcate trial of the criminal street gang allegation enhancement; 2) there was prosecutorial misconduct; and 3) there was cumulative error.

Appellate Information

• Decided 09/25/2006
• Published 09/25/2006

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• E. Stephen Temko, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Julie A. Hokans, Supervising Deputy Attorney General, Catherine Chatman, Deputy Attorney General, for Plaintiff and Respondent.