P. v. Luna CA4/1
After a first trial ended in a hung jury and mistrial, a jury in the second trial convicted John Agapito Luna of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and battery with serious bodily injury (§ 243, subd. (d)). As to both offenses, the jury found that Luna personally inflicted great bodily injury (§§ 1192.7, subd. (c)(8), 12022.7, subd. (a)) and personally used a dangerous or deadly weapon (§§ 1192.7, subd. (c)(23), 12022, subd. (b)(1)). In bifurcated proceedings, the trial court found that Luna had suffered three probation denial priors under section 1203, subdivision (e)(4), and one prison prior under section 667.5, subdivision (b). The court sentenced Luna to a term of six years in prison.
Luna appeals. He argues that the evidence at trial did not support his convictions. We disagree and affirm.
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