P. v. Diaz CA5
In this appeal defendant, Anthony Martinez Diaz, challenges the constitutional fairness of his trial because a standard instruction on how to view conflicting evidence was not provided. Defendant also challenges the validity of an enhancement charged and found true by the jury for use of a deadly weapon. Defendant believes the enhancement must be stricken because the use of a deadly weapon is an element of the crime he was found guilty of committing, assault with a deadly weapon. While we conclude defendant was not prejudiced by the lack of one jury instruction after reviewing the complete record of how the jury was instructed in this case, we agree the enhancement for the use of a deadly weapon must be stricken.
Comments on P. v. Diaz CA5