P. v. Hinkley
P. v. Hinkley
02:10:2006
P. v. Hinkley
Filed 2/3/06 P. v. Hinkley CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
THE PEOPLE,
Plaintiff and Respondent,
v.
JOHNNY LEE HINKLEY,
Defendant and Appellant.
C047088
(Super. Ct. Nos. S03CRF0028 & S03CRF0058)
Defendant Johnny Lee Hinkley appeals from the judgment on two counts of assault with force likely to cause great bodily injury. (Pen. Code, § 245, subd. (a).)[1] The jury found true a great bodily injury allegation as to one count. After defendant admitted two prior felony convictions (§§ 677, subds. (b-i) and 667.5, subd. (b)), he was sentenced to an aggregate prison term of 12 years.
On appeal, he contends the trial court committed reversible error by failing to give two jury instructions, reopening closing argument after jury deliberations had commenced, allowing the prosecutor to impeach him with five prior convictions, consolidating the two assault cases for trial, and imposing consecutive sentences in violation of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (hereafter Blakely.)
We find no error and shall affirm the judgment of conviction.
FACTUAL AND PROCEDURAL BACKGROUND
A. Information No. S03CRF0028
On August 25, 2002, at about 8:00 p.m., Doug Skjonsby went to an El Dorado County tavern known as Brother's Place to drop off his friend Greg Dixon. They met Stuart Preston and Dixon's girlfriend, Diana Sandlin, at the tavern.
While Skjonsby was sitting at the bar chatting with Dixon and Preston, he saw defendant, who he did not know, playing a game of pool with Sandlin. Defendant was drinking and acting loud, boisterous, angry, and threatening. He was â€
02:10:2006
Filed 2/3/06 P. v. Hinkley CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
THE PEOPLE,
Plaintiff and Respondent,
v.
JOHNNY LEE HINKLEY,
Defendant and Appellant.
C047088
(Super. Ct. Nos. S03CRF0028 & S03CRF0058)
Defendant Johnny Lee Hinkley appeals from the judgment on two counts of assault with force likely to cause great bodily injury. (Pen. Code, § 245, subd. (a).)[1] The jury found true a great bodily injury allegation as to one count. After defendant admitted two prior felony convictions (§§ 677, subds. (b-i) and 667.5, subd. (b)), he was sentenced to an aggregate prison term of 12 years.
On appeal, he contends the trial court committed reversible error by failing to give two jury instructions, reopening closing argument after jury deliberations had commenced, allowing the prosecutor to impeach him with five prior convictions, consolidating the two assault cases for trial, and imposing consecutive sentences in violation of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (hereafter Blakely.)
We find no error and shall affirm the judgment of conviction.
FACTUAL AND PROCEDURAL BACKGROUND
A. Information No. S03CRF0028
On August 25, 2002, at about 8:00 p.m., Doug Skjonsby went to an El Dorado County tavern known as Brother's Place to drop off his friend Greg Dixon. They met Stuart Preston and Dixon's girlfriend, Diana Sandlin, at the tavern.
While Skjonsby was sitting at the bar chatting with Dixon and Preston, he saw defendant, who he did not know, playing a game of pool with Sandlin. Defendant was drinking and acting loud, boisterous, angry, and threatening. He was â€
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