P. v. Gray
Convinced that the driver of a black Lincoln was the same man who had hit his motorcycle two weeks before, defendant Benny Earl Gray followed the car into a convenience store parking lot, confronted the driver, and hit him in the back of the head with a baseball bat. Defendant next used the bat to smash the car windows, causing glass to fly into the eyes of a young female passenger. He ultimately pled no contest to two counts of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)) and, as to the driver, admitted he personally inflicted great bodily injury. ( 12022.7, subd. (a).)
Thereafter, the trial court denied defendants request for a diagnostic test pursuant to section 1203.03, denied defendant probation, and sentenced him to seven years in state prison. On appeal, defendant contends the trial court abused its discretion in failing to refer him for a diagnostic test.Court shall affirm the judgment.
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