P. v. Ruiz CA4/2
Defendant Alberto Arturo Ruiz was involved in a brawl, in which he knocked down one victim, and then assaulted him and two other victims with his car, before fleeing the scene. Defendant testified his response was because he thought he and his passenger were being threatened by gang members.
A jury convicted defendant of four counts of assault with a deadly weapon upon four different victims. (§§ 245, subd. (a)(1), 667 and 1192.7, subd. (c)(31).) Count 1 specially alleged that defendant inflicted great bodily injury, causing one victim to become comatose due to brain injury. (§ 12022.7, subd. (b).) The court sentenced defendant to an aggregate term of 11 years in prison.
On appeal, defendant argues the trial court prejudicially erred by allowing gang evidence and by not giving an instruction on self-defense on counts 1, 2, and 3. We reject these contentions and affirm the judgment.
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