P. v. McElroy CA4/3
A jury convicted Stephen Joseph McElroy of battery causing serious bodily injury (Pen. Code, § 243, subd. (d); all further statutory references are to this code, unless noted), and found several penalty enhancement allegations to be true, including that defendant personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)) and personally used a deadly weapon (§ 12022, subd. (b)(1)). The trial court sentenced defendant to the low term of two years in state prison. Defendant contends his conviction must be reversed because the court admitted photographs of the victim’s injuries that were more prejudicial than probative (Evid. Code, § 352).
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