P. v. Gregory
A jury convicted defendant Eric Sion Gregory of inflicting corporal injury resulting in a traumatic condition on a cohabitant (Pen. Code, 273.5, subd. (a); undesignated section references are to this code) and false imprisonment by violence or menace ( 236). The jury also found true allegations that defendant inflicted great bodily injury under circumstances involving domestic violence in the commission of both offenses ( 12022.7, subd. (e)), and used a dangerous and deadly weapon (a crutch) in inflicting corporal injury upon his cohabitant ( 12022, subd. (b)(1)). In a bifurcated proceeding, the trial court found defendant had been convicted of a prior serious felony (robbery) ( 667, subd. (a)).
Defendant appeals, contending (1) there is insufficient evidence to support the jurys findings that he was the attacker and that a weapon [was used] in the beating and (2) the trial court abused its discretion in failing to strike his prior conviction. Court order the trial court to correct an error in the abstract of judgment and affirm the judgment.
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