People v. McDonald CA4/1

DISCUSSION

McDonald’s opening brief on appeal lists three “QUESTIONS

PRESENTED”:

“1. Was there evidence beyond a reasonable doubt that a weapon was used?

“2. Was there sufficient evidence beyond a reasonable doubt that the victim suffered great bodily injury?

“3. Was [sic] the Jury’s findings of fact in conflict with their verdicts?”

However, in just a page and a half of argument in his opening brief and a (largely repetitive) single page in his reply brief, McDonald only addresses the third question. He has not properly presented the other two questions for consideration on appeal. (See People v. Freeman (1994) 8 Cal.4th 450, 482, fn. 2 [“To the extent defendant perfunctorily asserts other claims, without development and, indeed, without a clear indication that they are intended to be discrete contentions, they are not properly made, and are rejected on that basis”].)

This constitutes an appealable “final judgment.” (§ 1466, subd. (b)(1) [“[A]n order granting probation . . . shall be deemed to be a final judgment within the meaning of this section”].) 3 Even as to the third question, McDonald’s briefing on appeal is deficient, lacking citation to relevant authority…