P. v. Crump CA4/2
Following an attack on the victim, defendant and appellant Wayne Phillip Crump was convicted of assault by means of force likely to cause great bodily injury, misdemeanor battery, and three “prison priors” arising out of felony convictions in other cases for which he served prior prison terms. He was sentenced to the upper term of four years for the assault, 365 days as to the misdemeanor battery to be served concurrently, and three years for the prison priors to run consecutively.
On appeal, defendant argues that the evidence is insufficient to support the conviction he used sufficient force to come within section 245. He also urges that the trial court erred with respect to sentencing on the misdemeanor battery count and in calculating the number of days of presentence and conduct credits to which he is entitled. We affirm the conviction on the section 245 count.
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