People v. Rodriguez CA5

INTRODUCTION

Appellant, Larry Frank Rodriguez, contends his conviction must be reversed because the trial court permitted the prosecutor to commit constitutional error, trial counsel was ineffective for failing to object to the error, and the trial court erroneously gave the flight instruction. We find any error harmless beyond a reasonable doubt and affirm the judgment.

FACTS AND PROCEEDINGS

On January 10, 2012, the prosecutor filed a first amended information alleging that appellant committed assault by means likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)).1 It was further alleged that appellant inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). The jury convicted appellant of assault by means likely to cause great bodily injury but did not find the great bodily injury enhancement to be true. The court sentenced appellant to the midterm of three years. Appellant was awarded custody credits of 126 days and conduct credits of 126 days for total credits of 252 days. Michael Cline testified at trial that on October 12, 2011, he was living over a department store in downtown Fresno. Cline was working on a computer in the common kitchen area…