P. v. Gonzalez
Defendant, Jerry Gonzalez, was sentenced to six years in prison after a jury convicted him of battery resulting in serious bodily injury ( 243, subd. (d))[1]and assault by means likely to produce great bodily injury ( 245, subd. (a)(1)), and found true the allegation that he personally inflicted great bodily injury in the course of the assault ( 12022.7, subd. (a)). In this appeal, defendant argues that his trial counsel provided ineffective assistance when he stipulated to the jury that the three other assailants initially identified by the victim had all pled guilty to the assault. As discussed below, we find that this issue is not properly brought on direct appeal, and so affirm the judgment. Court do order the abstract of judgment to be modified as described below.
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