People v. Mraz CA2/4

INTRODUCTION

A jury convicted Louis J. Mraz of one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) (count 2),1 and one count of assault (count 3), as the lesser included offense of the charged crime of assault with force likely to produce great bodily injury (former § 245, subd. (a)(1)). The jury acquitted Mraz of one count of leaving the scene of an accident resulting in injury (Veh. Code, § 20001, subd. (a)) (count 1). As to count 2, the jury found the special allegation that Mraz personally inflicted great bodily injury (§ 12022.7, subd. (a)) to be not true. The trial court sentenced Mraz to the midterm of three years in state prison for count 2, and to a concurrent term of 180 days in county jail on count 3. On appeal and in a separate petition for a writ of habeas corpus, Mraz contends that the trial court erred by admitting evidence of uncharged conduct, committing three instances of instructional error (involving CALCRIM Nos. 316, 875 & 3404), and imposing erroneous restitution fines for lost wages and attorney fees that were not supported by substantial evidence or legally defensible. He also contends that his counsel provided ineffective…