P. v. Tuttle
Following a jury trial, appellant was convicted of assault with a deadly weapon, by means of force likely to produce great bodily injury (count 1), battery with serious bodily injury (count 2), and mayhem (count 3). The jury also found that appellant personally committed great bodily injury, as to count 1, and personally used a knife, as to counts 2 and 3. Appellant was sentenced to six years and eight months in prison. Appellant contends that the trial court abused its discretion when it refused to exclude testimony by a prosecution rebuttal witness as a discovery sanction. Court agreed with him, and reversed.
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