P. v. Garcia
The Santa Clara County District Attorney charged appellant Armando Garcia by information with assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(l), count one), battery with serious bodily injury ( 242, 243, subd. (d), count two),[1] grand theft from a person ( 484,487, subd. (c), count three), possession of a billy ( 12020, subd. (a)(l), count four), and petty theft with priors ( 666, count five). As to count one, the information alleged that appellant personally inflicted great bodily injury on the victim within the meaning of section 12022.7, subdivision (a). As to count two, the information alleged that appellant inflicted great bodily injury within the meaning of sections 667 and 1192.7. In addition, the information alleged that appellant had suffered one prior robbery conviction and had served a prior prison term ( 667, subd. (a), 667, subds. (b)-(i), 667.5, subd. (a)).
Court agree with appellant that Court strike the prison prior enhancement. However, Court disagree with appellant's remaining contentions. Accordingly, court affirm the judgment.
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