P. v. Blythe
Defendant appeals from his conviction for battery, with serious bodily injury, with an enhancement for the personal infliction of great bodily injury. Defendant was sentenced to two years in state prison.
On appeal, Defendant argues that the trial court erred in not permitting an additional argument after it provided the jury with supplemental instructions during deliberation. Defendant also contends that two of the supplemental instructions given by the trial court -- CALJIC Nos. 5.54 and 5.55 -- were incorrect statements of the law. He further contends that the court must remand the matter for resentencing because the trial court erred when it found defendant presumptively ineligible for probation. Defendant also argues that counsel was ineffective for failing to request that the trial court reduce defendant’s conviction to a misdemeanor.
Finding no error, court affirmed the judgment.
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