P. v. Walker CA5
Appellant Brandon Christopher Walker was charged, in count 1 of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and in count 2 of making criminal threats (Pen. Code, § 422) against victim E.C. He was also charged in count 3 of misdemeanor battery (Pen. Code, § 242) against victim Jose B. As to count 2, the information alleged Walker personally used a deadly and dangerous weapon (Pen. Code, § 12022, subd. (b)(1)). It further alleged Walker had served a prior prison term. (Pen. Code, § 667.5, subd. (b).) A jury convicted Walker of all counts and found the weapon use enhancement true.
The trial court struck the prison prior on the People’s motion, denied probation, and sentenced Walker to a total of four years in state prison.
On appeal, Walker contends that the trial court prejudicially erred when it excluded evidence of the E.C.’s immigration status, and when it failed to give an unanimity instruction on the criminal threats charge. We find no error and affirm.
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