P. v. Tucker CA2/8
A jury found Phillip Tucker guilty of assault by means likely to produce great bodily injury and willful infliction of corporal injury. On appeal Tucker contends: (1) the corporal injury charge must be reduced or retried because the jury may have based the conviction on a legally insufficient theory; (2) the trial court erred in denying his request for a free trial transcript to help him prepare a motion for new trial; (3) the trial court abused its discretion in failing to sua sponte revoke Tucker’s in propria persona status; and (4) a one-year prior prison term enhancement (Penal Code section 667.5, subdivision (b)) must be stricken because the underlying conviction was designated a misdemeanor pursuant to Proposition 47 during the pendency of this appeal. The People argue the abstract of judgment must be amended to include two fines that were orally pronounced in court.
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