People v. Chi CA2/5

I. INTRODUCTION

A jury convicted defendant Jonathan Chi of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))1 and found true the allegation that he personally inflicted great bodily injury. On appeal, defendant contends that his counsel provided ineffective assistance, the trial court erred in delivering a jury instruction and engaging in misconduct, and a juror was not competent to serve. He also requests a remand for resentencing. We affirm.

II. BACKGROUND

A. Information

On April 18, 2018, the Los Angeles County District Attorney’s Office (District Attorney) charged defendant by information with one count of assault with a deadly weapon (§ 245, subd. (a)(1)). The District Attorney further alleged that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) and used a deadly weapon during the commission of his crime (§ 12022, subd. (b)(1))2.

Further statutory references are to the Penal Code unless otherwise indicated.

The trial court later granted the prosecution’s motion to strike the deadly weapon allegation.

2 B. Trial

1. Events of September 2, 2017

The parties stipulated that “on September 2, 2017, at some time…