P. v. Davis
Defendant got in a fight with an acquaintance over a stolen laptop computer. In the course of the fight, defendant cut his opponents arm with a pocket knife. Defendant was convicted of assault with a deadly weapon. On appeal, he contends (1) the trial court erred by instructing on flight because there was no evidence defendant fled the scene after the fight, (2) the trial court erred by failing to instruct that oral admissions should be viewed with caution, (3) one of the prior prison term enhancements must be stricken, (4) the deadly weapon enhancement must be stricken, and (5) the upper term sentence violated Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Court strike one of the prior prison term enhancements and the deadly weapon enhancement. Court affirm in all other respects.
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