P. v. Green CA3
The jury found defendant not guilty of felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) but guilty of the lesser included offense of simple assault, a misdemeanor (count one, § 240), and guilty of felony infliction of corporal injury on a former cohabitant (count two, § 273.5, subds. (a), (b)(2)), felony battery causing serious bodily injury (count three, § 243, subd. (d)), and misdemeanor violation of a protective order (count four, § 166, subd. (c)(1)). The prosecution alleged four prior convictions against defendant. In a bench trial, the court struck two prior convictions and the prosecution dismissed another. The court sentenced defendant to eight years, consisting of the upper term of four years on count two, doubled to eight years because of the remaining strike prior. The court imposed and stayed sentences on counts one, three and four under section 654.
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