P. v. Mendoza CA2/7
Erica Nadine Mendoza appeals from a judgment of conviction following a jury verdict that found her guilty, inter alia, of aggravated assault, i.e., assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)), and first degree residential burglary (§ 459). The trial court sentenced her to state prison for a term of six years eight months. On appeal, Mendoza makes three claims. First, her conviction on the aggravated assault count should be reversed because the trial court committed prejudicial error in failing to instruct the jury on the definition of assault and on the lesser included offense of simple assault. Second, her conviction on the residential burglary count should be reduced from first to second degree because (a) the verdict form limited the jury to finding her guilty on that count in the first degree and thus violated section 1157, and (b) the jury’s oral verdict, as recorded in the reporter’s transcript, found her guilty of second deg
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