P. v. Mendiola
A jury convicted defendant of assault with a deadly weapon and found true allegations that he personally inflicted great bodily injury to the victim. The court sentenced defendant to a total prison term of seven years, consisting of the upper term of four years for the assault conviction and a three-year consecutive term for the great bodily injury enhancement. Defendant contends: (1) the court violated his due process rights under the federal and state constitutions by instructing the jury with CALJIC No. 17.20; (2) there is insufficient evidence he personally inflicted great bodily harm; (3) the court applied an incorrect standard in ruling on his new trial motion; (4) the jury's verdict is ambiguous for purposes of determining whether his assault conviction will qualify as a strike under the "Three Strikes" law; and (5) imposition of the upper term on his assault conviction violated his federal constitutional rights to a jury trial and proof beyond a reasonable doubt. Court affirmed.
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