People v. Dave CA5

INTRODUCTION

This is an appeal of two cases. Following a jury trial in Kern County Superior Court case No. BF136520C, appellant Darianne Dave was convicted of assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1))1 (count 1); assault with a knife (§ 245, subd. (a)(1) (count 2); and misdemeanor brandishing a deadly weapon (§ 417, subd. (a) (count 4).2 The jury found true the allegation that appellant personally used a knife in the commission of the assault (§ 12022, subd. (b)(1)). On appeal appellant raises three issues. First, she claims prejudicial error occurred in her trial stemming from juror misconduct. Appellant asserts the misconduct caused either “inherent prejudice” or a “substantial likelihood” that actual juror bias resulted, requiring reversal of her convictions. Second, appellant contends the trial court committed prejudicial error when it permitted introduction of appellant’s verbal statement made to one of the victims approximately one month before the assault occurred. Appellant argues her statement was “propensity evidence” and inadmissible. Finally, appellant seeks correction of the abstract of judgment for certain clerical…