Tokash

The jury convicted appellant Frank Tokash of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) and battery with serious bodily injury (§ 243, subd. (d)) on Tommy Doan, and found true the allegations that Tokash personally inflicted great bodily injury during the assault (§ 12022.7, subd. (a)) and personally inflicted great bodily injury that caused Doan to become comatose. (§ 12022.7, subd. (b).)

Tokash contends the trial court erroneously excluded evidence of Doan’s drug use and erred in its instructions on assault. He also contends there is insufficient evidence to support the section 12022.7, subdivision (b) enhancement.

I

Facts

A. Prosecution Case

Tokash was charged with seriously injuring Doan during a melee outside a San Diego nightclub. Tokash’s defense was that he was not the person who struck Doan.

1. The Fight

On the night of November 29, 1997, several bands played at a nightclub. Tokash and his friend Chuck Leek attended the nightclub and heckled the musicians. After the musicians finished playing, they went outside and began loading their equipment into cars. Leek stood near the door staring threateningly at…