P. v. Schmidt CA4/1
A jury found Trevor Neil Schmidt guilty of one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)), and one count of battery with serious bodily injury (§ 243, subd. (d)). As to both counts, the jury further found that Schmidt personally inflicted great bodily injury. (§§ 12022.7, subd. (a), 1192.7, subd. (c)(8).) The trial court made a finding that Schmidt had incurred three prison priors. (§ 667.5, subd. (b).) The trial court sentenced Schmidt to prison for a term of 10 years. In imposing sentence, the trial court selected an upper term sentence, finding no circumstances in mitigation connected to the case, and identifying numerous aggravating factors.
Schmidt contends that the trial court abused its discretion in imposing an upper term sentence because it failed to consider his mental illness as a mitigating factor. We conclude that the argument lacks merit, and we affirm the judgment.
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