P. v. Johnson
Appellant Aaron Johnson was convicted, following a jury trial, of one count of willful infliction of corporal injury in violation of Penal Code section 273.5, subdivision (a),[1]one count of felony false imprisonment in violation of section 236 and one count of misdemeanor assault in violation of section 240. The trial court found true the allegation that appellant had served a prior prison term within the meaning of section 667.5, subdivision (b) and suffered a prior serious or violent felony conviction within the meaning of sections 667, subdivisions (b) through (i) and 1170.12. The trial court sentenced appellant to a total term of six years in state prison. Appellant appeals from the judgment of conviction, contending that there is insufficient evidence to support his conviction for infliction of corporal injury and that if there is sufficient evidence for that conviction, his conviction for misdemeanor assault must be reversed because it is a lesser included offense of the corporal injury conviction. Appellant further contends that the fine imposed pursuant to section 1203.097 should be stricken because it only applies when a defendant is granted probation. Respondent agrees with the latter two contentions, and we agree as well. Court reverse the conviction for misdemeanor assault and order the section 1203.097 fine stricken. Court affirm the judgment of conviction in all other respects.
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