P. v. Chi
Defendant was convicted by jury trial of aggravated assault (Pen. Code, 245, subd. (a)(1)), and the jury found true allegations that he had personally used a dangerous or deadly weapon (Pen. Code, 667, 1192.7, subd. (c)(23)) and personally inflicted great bodily injury (Pen. Code, 12022.7, subd. (a)) on the victim of the assault. The jury also found true an allegation that defendant had committed the assault while out of custody on bail (Pen. Code, 12022.1). On appeal, defendant claims that the trial court prejudicially erred in denying his motion to exclude his statements to the police. He also asserts that the courts instruction of the jury with the group beating portion of CALJIC 17.20 was prejudicial error. Court conclude that the the court did not err in denying his motion, and that the trial court did not prejudicially err in instructing the jury with the group beating portion of CALJIC 17.20. Consequently, Court affirm the judgment.
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