P. v. Dao CA6
Defendant Cuong Huy Dao appeals from a judgment of conviction entered after a jury found him guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The jury also found that defendant personally inflicted great bodily injury on the victim and that he personally used a dangerous and deadly weapon in the commission the offense (§§ 12022.7, subd. (a), 667, 1192.7). In a bifurcated proceeding, the trial court found that defendant had suffered one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12) and one prior serious felony conviction (§ 667, subd. (a)). The trial court sentenced defendant to state prison for a total term of 16 years. On appeal, defendant contends: there was insufficient evidence to support his conviction for assault with a deadly weapon; and trial counsel rendered ineffective assistance by failing to request an instruction regarding the antecedent assaults doctrine. The judgment is affirmed.
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