P. v. Villa
A jury found defendant guilty of assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1))[1](count 1) and battery causing serious bodily injury ( 243, subd. (d)) (count 2). Defendant thereafter admitted that he had sustained a prior strike conviction ( 667, subd. (c) & (e)(1), 1170.12, subd. (c)(1)), a prior serious felony ( 667, subd. (a)), and a prior prison term ( 667.5, subd. (b)). Defendant was sentenced to a total term of 11 years in state prison. On appeal, defendant contends (1) there was insufficient evidence to sustain the jurys finding that he inflicted serious bodily injury; (2) the jury instruction on the definition of serious bodily injury (Judicial Council of California Criminal Jury Instructions (CALCRIM) No. 3160) does not accurately state the law relating to serious bodily injury; (3) his concurrent sentence on count 1 should have been stayed pursuant to section 654; (4) the trial court prejudicially erred when it reduced his presentence conduct credits by fifteen percent; and (5) the trial courts calculation of his presentence conduct credits is contrary to the plain language of the statue. Court agree with the parties that count 1 should have been stayed pursuant to section 654, but reject defendants remaining contentions.
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