People v. Clark

Defendant was convicted of assault with a deadly weapon and false imprisonment. He received a three-year sentence enhancement pursuant to Penal Code section 12022.7, subdivision (a) for infliction of great bodily injury. He contends the court erred in: (1) not giving CALJIC No. 17.20 or an equivalent instruction on the elements of the enhancement and (2) excluding evidence of the victim’s prior acts of moral turpitude.

In the published portion of this opinion, we conclude that, under People v. Wims (1995) 10 Cal.4th 293 [ 41 Cal.Rptr.2d 241 , 895 P.2d 77 ], the standard of reversibility for failure to instruct on the elements of a great bodily injury enhancement is whether it is reasonably probable a result more favorable to the defendant would have been reached absent the error. Applying that standard, we find no prejudice in this case. In the unpublished portion of the opinion, we reject defendant’s remaining contention.

I

Factual and Procedural Background

A. Facts

Defendant and John Sanborn were lovers from January to November of 1994 and lived together during that time. In early November, they terminated the relationship but agreed to remain friends. Defendant…