P. v. Otis CA2/5
The jury convicted defendant and appellant Roy Foster Otis in count 1 of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)), and in count 2 of assault with a deadly weapon (§ 245, subd. (a)(1)). With respect to count 1, the jury found true the allegation that defendant personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (a).)
The trial court sentenced defendant to six years in state prison. The sentence was composed of a three-year term in count 1, plus three years for the personal infliction of great bodily injury enhancement. Defendant received a concurrent three-year term in count 2.
Defendant contends the trial court erred by refusing to instruct on simple assault as a lesser included offense of assault by means of force likely to cause great bodily injury in count 1. He also contends the finding that he inflicted great bodily injury on the victim and his conviction for assault with a deadly weapon in
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