P. v. Hurtado
Defendant David James Hurtado appeals from judgment entered following a jury conviction for assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)[1]). The jury also found true the enhancement allegation that defendant inflicted great bodily injury (GBI) on the victim when he committed the assault. (§ 12022.7, subd. (a).) The trial court sentenced defendant to five years in state prison.
Defendant contends the trial court erred in failing to instruct the jury that the GBI enhancement required a finding defendant intended to inflict GBI. We conclude the trial court was not required to give such an instruction. Furthermore, we reject defendant’s contention that defense counsel’s failure to request the instruction constitutes ineffective assistance of counsel, because instruction on intent to commit GBI was not required or appropriate. In addition, even if we were to conclude the instruction was required, the failure to give it was not prejudicial error. We therefore a
Comments on P. v. Hurtado