P. v. Johnson CA6
Defendant David Harold Johnson appeals from a judgment of conviction entered after a jury found him guilty of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a) - count 1), being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a) - count 2), and battery causing serious bodily injury (Pen. Code, §§ 242, 243, subd. (d) - count 3). The jury also found that defendant personally inflicted great bodily injury in the commission of count 3 (§§ 667, 1192.7). Defendant admitted the allegations that he had served four prior prison terms (§ 667.5, subd. (b)), had two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12), and had two prior serious felony convictions (§ 667, subd. (a)). The trial court sentenced defendant to 20 years in state prison. On appeal, defendant contends that the trial court prejudicially erred when it instructed the jury that “serious bodily injury” and “great bodily injury” were “e
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