Navarro

Appellant David Navarro was convicted of a number of charges related to shooting at a cohabitant from outside their mutual dwelling and evading arrest. On appeal, he contends (1) his conviction of assault with a firearm was not supported by substantial evidence; (2) the statute under which he was convicted of dissuading a witness violates the First Amendment and is fatally uncertain or vague; (3) the instructions given to define the offense of dissuading a witness did not save it from unconstitutionality; (4) by allowing testimony to be read to the jurors in the jury room, the trial court violated his constitutional and statutory rights to be present during all critical phases of trial and to a public trial; and (5) his presentence custody credits were miscalculated. He also seeks review of the trial court’s in camera review of documents produced in response to his Pitchess motion. 1 In the published portion of the opinion, we reject his challenge to the sufficiency of the evidence and his constitutional challenge to Penal Code section 136.1, subdivision (b)(1). 2 In the unpublished portion, we correct the judgment to reflect the proper custody credits, but otherwise…