P. v. Smith
Michael Smith appeals the judgment entered following his conviction by jury of assault with force likely to produce great bodily injury in which Smith personally inflicted great bodily injury and battery with serious bodily injury. (Pen. Code, 245, subd. (a)(1), 12022.7, subd. (a), 243, subd. (d).)[1] The trial court found Smith had a prior serious felony conviction within the meaning of the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and section 667, subdivision (a)(1) and sentenced him to a term of 14 years in state prison. Court affirm the judgment as modified to stay the concurrent term imposed for battery with serious bodily injury and to strike a $20 DNA penalty assessment. In so doing, we reject Smiths claim of instructional error and insufficient evidence to support the prior conviction allegations.
Comments on P. v. Smith