P. v. Baber
Defendant, while intoxicated, rammed his pickup truck four times into the back of a car occupied by two teenaged girls. A jury convicted defendant of one felony count of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)) and two misdemeanor counts of driving under the influence. (Veh. Code, 23152.) The court sentenced defendant to a three-year term on count 1 and concurrent 180-day sentences on counts 2 and 3. On appeal, defendant makes four contentions: 1) the court failed to excuse a juror who may have been slightly acquainted with the victims family; 2) the court should have instructed the jury on the defenses theory of accident; 3) the prosecutor erred in her argument; and 4) section 654 required the court stay the sentence on count 3. As to the latter issue, the People concede count 3 should have been stayed and request the abstract of judgment be corrected accordingly. With this exception, Court reject defendants contentions and affirm the judgment.
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