P. v. Knight
Defendant was convicted after jury trial of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)). The jury also found true allegations that defendant personally used a dangerous and deadly weapon within the meaning of sections 667 and 1192.7, and that he personally inflicted great bodily injury upon the victim, a non-accomplice, within the meaning of sections 12022.7, subdivision (a), and 1203, subdivision (e)(3). Defendant admitted allegations that he was out of custody on bail at the time of the offense ( 12022.1) and that he had served three prior prison terms ( 667.5, subd. (b)). The trial court sentenced defendant to 10 years in state prison, the sentence consisting of the upper term of four years on the assault with a deadly weapon offense with a consecutive three-year term for the great bodily injury enhancement and three consecutive one year terms for the prison priors.
On appeal defendant contends that the evidence was insufficient to support the finding that he personally inflicted great bodily injury on the victim. Defendant further contends that the imposition of the upper term violated his constitutional rights because the aggravating facts the court relied on to impose that term were not found by the jury to be true beyond a reasonable doubt. Court disagree with both contentions, and therefore affirm the judgment.
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