P. v. Pye CA5
The victim in this case, Thomas H., was punched in the head by defendant Devinnci Dishan Pye after he insulted defendant’s girlfriend. The blow caused Thomas to fall and sustain a head injury that rendered him comatose. Defendant was charged with assault by means likely to produce great bodily injury (GBI) (Pen. Code, § 245, subd. (a)(4) (count 1)) and battery resulting in the infliction of serious bodily injury (§ 243, subd. (d) (count 2)). The jury convicted defendant of both counts and found true the sentence enhancement for personal infliction of GBI attached to the assault charge. (§ 12022.7.) The trial court sentenced defendant to the upper term of four years for assault plus a three-year sentence enhancement for personal infliction of GBI, for a total determinate term of seven years. Pursuant to section 654, the court imposed and stayed the upper term of four years for the battery conviction.
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