P. v. Pryor
Joann Pryor was convicted of assault with a deadly weapon (Pen. Code,[1] § 245, subd. (a)(1)) (count 1); assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)) (count 2); child abuse by means of force likely to cause serious bodily injury (§ 273a, subd. (a)) (count 3); exhibiting a weapon (§ 417, subd. (a)(1)) (count 4); and exhibiting a deadly weapon to a police officer to resist arrest (§ 417.8) (count 5). She appeals her conviction for child abuse on the ground that the trial court failed to instruct the jury on two lesser included offenses; she also argues that the trial court erred at sentencing when it imposed full-term consecutive sentences on counts 3 and 5 and when it failed to stay the sentence on count 2 pursuant to section 654. We conclude that any error in failing to instruct the jury on lesser included offenses was harmless under the facts of this case. Court also modify the judgment to correct the sentencing errors.
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