P. v. Rodriguez
A jury convicted of one count of assault with a deadly weapon. Defendant contends the trial court’s pretrial comments to potential jurors infected the venire and the court violated his right to an impartial jury by denying his motion to dismiss the panel. Defendant also claims the trial court’s failure to give a unanimity instruction created a risk the jury convicted him without agreeing which of his acts constituted assault. Finally, the Attorney General agrees with defendant’s claim that the abstract of judgment is erroneous and the trial court erred by not awarding him credit for good conduct. The court found defendant’s substantive contentions unpersuasive, but remanded for correction of the abstract of judgment and consideration of good conduct credits.
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