P. v. Lopez
Defendant Ricardo Diaz Lopez appeals from a judgment entered after a jury convicted him of assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1); count 1)[1]and mayhem ( 203; count 2). The jury also found that defendant personally caused great bodily injury in the commission of the assault ( 12022.7, subd. (a)). The court sentenced defendant to prison for an aggregate term of five years. On appeal, defendant contends: (1) the court was without jurisdiction to try him on count 2 because the court did not find probable cause at the preliminary hearing to hold him to answer on the mayhem charge; (2) there was insufficient evidence to support his subsequent conviction of mayhem; and (3) the court erred in failing to instruct on battery with serious bodily injury as a lesser included offense of mayhem. Defendants contentions primarily hinge on his assertion there was no evidence the facial scar he inflicted on the victim was permanent. For reasons discussed below, we find defendants assertions in this regard to be without merit and affirm the judgment.
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