Jimenez

Defendant was convicted of violating his duty to stop and report an injury-producing accident (Veh. Code, § 20001, subd. (b)(1)), assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), exhibition of a deadly weapon (Pen. Code, § 417, subd. (a)(1)), possession of heroin (Health & Saf. Code, § 11350) and two counts of perjury (Pen. Code, § 118). The jury found that defendant had inflicted great bodily injury within the meaning of Penal Code section 12022.7 in connection with the assault count. He was sentenced to nine years and four months in state prison. On appeal, defendant asserts that (1) the court improperly excused a juror for cause, (2) the perjury instruction improperly removed the materiality issue from the jury, (3) defendant could not properly be convicted of two counts of perjury, (4) Penal Code section 654 precluded punishment for both counts of perjury, (5) the failure to stop and report conviction must be reversed because there was no evidence of an “accident,” (6) the court prejudicially erred by failing to instruct the jury on the definition of “accident” and (7) the court prejudicially erred by failing to give a special unanimity instruction. For…