P. v. Escobedo CA2/8
A jury convicted defendant and appellant Salvador Cristos Escobedo of assault with a deadly weapon other than a firearm upon a peace officer. (Pen. Code, § 245, subd. (c).) Escobedo admitted a prior strike conviction, prior serious felony conviction, and prior conviction with a prison term. (§§ 667, subds. (b)-(j); 1170.12, subd. (b); 667, subd. (a)(1); 667.5, subd. (b).) The trial court struck Escobedo’s strike, and sentenced him to a total of eight years in state prison comprised of a three-year low term for the assault, plus five years for a prior serious felony conviction. On appeal, Escobedo contends the trial court erred by failing to instruct the jury sua sponte on the lesser included offense of assault on a peace officer. (§ 241, subd. (c).) We affirm the judgment.
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