P. v. ONeill
Defendant Harry ONeill attacked two men with a shovel, almost killing one of them. A jury convicted him of two counts of assault with a deadly weapon and sustained two allegations that he caused great bodily injury. (Pen. Code, 245, subd. (a)(1); 12022.7, subd. (a).) The verdicts made defendant presumptively ineligible for probation. (Id., 1203, subds. (e)(2)[for use of deadly weapon] & (e)(3)[for infliction of great bodily injury].) The trial court imposed the low term of two years, plus three years for the great-bodily injury enhancements as to each victim, but ran the sentences concurrently. On appeal, defendant asserts the trial court should have granted probation. Court affirm.
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