P. v. Spencer CA4/3
A jury convicted defendant James L. Spencer III of one count of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) The court sentenced him to the low term of two years plus an additional five years for a serious prior felony under section 667, subdivision (a), for a total of seven years.
Defendant contends the trial court erred in answering the jury’s questions and providing further instruction regarding deliberations when it indicated it was divided. Additionally, defendant argues there was insufficient evidence to support the verdict because the victim’s testimony was inherently improbable. We disagree and affirm the judgment.
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