P. v. Gross
A jury convicted Robert Bruce Gross of (1) assault by means likely to produce great bodily injury (count 1: Pen. Code, § 245, subd. (a)(1)) (undesignated statutory references will be to the Penal Code); and (2) felony elder abuse (count 2: § 368, subd. (b)(1)). As to each count, the jury found true a sentence enhancement allegation that Gross personally inflicted great bodily injury upon a person 70 years of age or older (§ 12022.7, subd. (c)). In a bifurcated proceeding, the trial court found true enhancement allegations that Gross had (1) suffered two prior convictions that rendered him ineligible for probation (§ 1203, subd. (e)(4)); (2) served a prior prison term (§§ 667.5, subd. (b), 668); (3) served a prior prison term for a violent felony (§ 667.5, subd. (a)); (4) suffered a prior serious felony conviction (§§ 667, subds. (a)(1), 668, 1192.7, subd. (c)); and (5) suffered a strike prior (§§ 667, subds. (b)-(i), 668, 1170.12 ).
The trial court sentenced Gross to an aggregate prison term of nine years under the Three Strikes law and recommended he be housed in a psychiatric facility.
Gross appeals, contending the trial court erred in failing sua sponte to instruct the jury on the elements of simple assault and misdemeanor elder abuse as lesser included offenses of assault with force likely to produce great bodily injury (count 1) and felony elder abuse (count 2). We affirm.
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