Can a defendant appeal his convictions for assault and assault against the Court of Appeal for failing to instruct the jury on personal use of a deadly weapon and personal infliction of great bodily injury enhancements?

California, United States of America


The following excerpt is from People v. Davis, B267045 (Cal. App. 2017):

Defendant argues that his convictions must be overturned because the trial court committed two instructional errors: (1) the court gave an aiding and abetting instruction (a) when substantial evidence did not support that instruction, and (b) when the People "ambushed" him with that theory; and (2) the court failed to instruct the jury at all on the personal use of a deadly weapon and personal infliction of great bodily injury enhancements. We review claims of instructional error de novo. (People v. Manriquez (2005) 37 Cal.4th 547, 581, 584.)

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