P. v. Gunner
A jury found defendant and appellant Calvin Eugene Gunner guilty of assault with force likely to cause great bodily injury (Pen. Code, 245, subd. (a)(1), count 1), dissuading a witness ( 136.1, subd. (c)(1), counts 4 & 11), inflicting corporal injury upon a spouse ( 273.5, subd. (a), counts 7 & 9), and false imprisonment ( 236, count 13). Defendant admitted the allegations that he committed three of the offenses while released from custody prior to the judgment becoming final on a primary offense. ( 12022.1.) Defendant also admitted that he had two prison priors ( 667.5, subd. (b)), a prior serious felony offense ( 667, subd. (a)), and a prior strike conviction ( 667, subds. (c) & (e)(1) & 1170.12, subd. (c)(1)). The trial court sentenced defendant to a total term of 17 years 8 months.
On appeal, defendant contends: 1) there was insufficient evidence to support his conviction of assault with force likely to cause great bodily injury; 2) the minute order and abstract of judgment incorrectly show that the court imposed two-year terms on counts 11 and 13, pursuant to section 12022.1, and that the court imposed a five-year sentence enhancement under section 667.5, subdivision (b), rather than section 667.5, subdivision (a). The People concede that the minute order and abstract of judgment should be corrected. Otherwise, the judgment is affirmed.
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