P. v. Kaare
Following a jury trial, defendant was found guilty of assault with a deadly weapon, to wit, a metal belt buckle, and by means of force likely to produce great bodily injury. The jury also found true that defendant personally inflicted great bodily injury in the commission of the offense. The trial court thereafter found true that defendant had sustained three prior separate prison terms. As a result, defendant was sentenced to a total term of nine years in state prison. On appeal, defendant contends (1) the trial court erred in refusing to instruct the jury with CALJIC No. 2.21.2 on the effect of a witness being willfully false, and (2) the trial court erred in failing to award one additional day of actual custody credit. Court agreed with the parties that defendant is entitled to an additional day of custody credit. Court rejected defendant’s remaining contention.
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