P. v. Foster CA3
Defendant Rotheree Rene Foster was charged by a complaint deemed an information with assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)—count one) and battery causing serious bodily injury (§ 243, subd. (d)—count two); Jeff S. was the alleged victim in both counts. As to count one, it was alleged that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). As to both counts, it was alleged that defendant had suffered four strikes (§§ 667, subd. (e)(2), 1170.12, subd. (c)(2)).
A jury convicted defendant on count one but found the allegation of personal infliction of great bodily injury not true. As to count two, the jury acquitted defendant of the charged offense, but convicted him of misdemeanor battery (§ 242), a lesser included offense.
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