P. v. Reyman
Appellant Michael P. Reymann appeals from a judgment entered after a jury found him guilty of count 1, assault with a deadly weapon (Pen. Code, 245, subd. (a)(1));[1] count 2, misdemeanor battery ( 242); and count 3, hit and run resulting in injury (Veh. Code, 20001, subds. (a) & (b)(1)).[2] The jury found not true the allegation that as to count 1, appellant personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). The trial court sentenced appellant to state prison for the midterm of two years as to count 3, the principal term. The trial court imposed and stayed the low term of two years on count 1 and six months in county jail on count 2 pursuant to section 654. Appellant contends that: (1) the evidence was insufficient to prove knowledge of injury as required for a violation of Vehicle Code section 20001, subdivisions (a) and (b)(1); and (2) the trial court abused its discretion by imposing a state prison term and a midterm sentence. Court affirm with directions to the trial court to correct the abstract of judgment.
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