P. v. Dubon CA2/7
A jury convicted Mason Dubon and Luis Hernandez of assault by means of force likely to produce great bodily injury (Penal Code, § 245, subd. (a)(4)) and two counts of dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)). The jury found true the allegations that Dubon and Hernandez personally inflicted great bodily injury on Victor Cisneros (§ 12022.7, subd. (a)) and that they committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(4)). Dubon and Hernandez challenge their convictions on several grounds, including that the trial court failed to instruct the jury on the great bodily injury enhancement under section 12022.7, subdivision (a), and that counsel for each of them provided ineffective assistance by failing to request an instruction on intoxication. Hernandez also argues substantial evidence does not support the true finding on the gang allegation.
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