P. v. Smyth
Charged with (1) assault with a deadly weapon (count one), accompanied by a great bodily injury enhancement and (2) making a criminal threat (count two), with further allegations of a prior prison term and a prior strike conviction, a jury found appellant Robert Lee Smyth guilty of making a criminal threat.[1] The court sentenced him to four years in prison. Now appellant challenges the denial of his motion for mistrial based on the jury hearing nonresponsive testimony about his prior jail stint. He claims violation of his federal and state constitutional rights to due process and a fair trial. We conclude no due process violation occurred; the state law error was nonprejudicial; and the trial court did not abuse its discretion in denying appellant's motion for mistrial. Accordingly, we affirm the judgment.
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