P. v. Rosenberg
A jury convicted defendant of two counts of corporal injury to a cohabitant ( 273.5, subd. (a)) and two counts of the lesser included offense of assault. ( 240.) The jury acquitted defendant of one count of corporal injury and one count of making a criminal threat. ( 273.5, subd. (a), 422.) The jury also found not true the allegations that defendant had personally inflicted great bodily injury on counts 1 and 2. ( 1192.7, subd. (c)(8), 12022.7, subd. (e).) Defendant admitted a previous conviction from December 1997 for making a criminal threat, constituting a serious felony prior and a strike prior. ( 422; 667, subds. (a), (c), & (e)(1), 1170.12, subd. (c)(1), 1192.7, subd. (c).) The court sentenced defendant to a total prison term of 10 years. In his reply brief on appeal, defendant concedes the first issue he raised, based on Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856], was decided against him in People v. Black (July 19, 2007, S126182) ___ Cal.4th ___, but he still asserts it for purposes of federal review. Otherwise, he continues to challenge his two convictions for simple assault and the courts instructions regarding uncharged offenses. Defendants conviction on count 2 for simple assault should be dismissed and the sentence for his conviction on count 5 should be dismissed. Otherwise, Court affirm the judgment.
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