P. v. Smith CA4/2
Defendant and appellant Dwayne Smith struck the victim in the head with a glass bottle while the victim was working on top of a ladder. As a result, the victim fell from the ladder and suffered bleeding to his head and neck.
Following a jury trial, defendant was convicted of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). Defendant waived his right to a presentence probation report and was immediately sentenced to the upper term of four years in state prison with 189 days’ credit for time served. Defendant appeals from the judgment. Based on our independent review of the record, we find no error and affirm the judgment.
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