People v. Daniels CA6

Filed 10/22/21 P. v. Daniels CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H046156

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1777634)

v.

JAMES EDWARD DANIELS, JR.,

Defendant and Appellant. Defendant James Edward Daniels, Jr. was convicted by a jury of assault by 1 means of force likely to produce great bodily injury (Pen. Code , § 245, subd. (a)(4)), 2 and he admitted three prior strike allegations and one prison prior allegation. The 3 court sentenced him to six years in prison. On appeal, he claims that the trial court prejudicially erred in (1) denying his request for an instruction on defense of property, (2) failing to ensure that a defense witness, who had not been subpoenaed,…