People v. Cerda CA5

INTRODUCTION

A jury convicted Ryan Cerda of assault with a deadly weapon, sale or transportation for sale of a controlled substance, possession for sale of a controlled substance, and other crimes. The trial court sentenced him to a term of 14 years plus 25 years to life in prison. In this appeal, defendant argues that the trial court violated his right to due process and a fair trial under both the United States and California Constitutions by denying his motion for mistrial when the prosecution failed to present evidence of a prior traffic stop that the prosecutor had discussed during his opening statement. We disagree and affirm the judgment.

PROCEDURAL BACKGROUND

The District Attorney of Merced County refiled an information pursuant to Penal Code1 section 1387.2 on January 31, 2023 (Super. Ct. Merced County, No. 22CR-02209), charging defendant with assault with a deadly weapon (§ 245, subd. (a)(1); count 1) and unlawful possession of ammunition (§ 30305, subd. (a)(1); count 2). The information also alleged defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), had one prior serious felony conviction (§ 667, subd. (a)), and had one prior “strike”…