People v. Donvoan CA5
Opinion
Opinion
Franson, J.
INTRODUCTION
Appellant Jeremiah James Donovan was charged in two separate actions for possession of methamphetamine for sale (Health and Saf. Code, § 11378; case No. CRF42911) and later assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1); case No. CRF43024), plus enhancements in both cases. Donovan plead guilty to possession of drugs for sale, plus enhancements in case No. 42911. He later admitted enhancements and was convicted of assault with a deadly weapon in case No. 43024. At a combined sentencing hearing, Donavon received a total term 20 years and four months in prison. This appeal solely concerns his assault with a deadly weapon conviction. He raises three contentions on appeal: (1) the trial court abused its discretion by refusing to exclude the 911 call as a sanction for the prosecution’s late production of it; (2) trial counsel was ineffective for failing to request instruction of the jury regarding the prosecution’s late production; and (3) the evidence was insufficient to prove the great bodily injury enhancement allegation under section 12022.7, subdivision (a). We affirm.