P. v. Parker
Appellant Marcus Parker was convicted, following a jury trial, of one count of assault with a deadly weapon in violation of Penal Code[1] section 245, subdivision (a)(1) and one count of first degree burglary in violation of section 459. The jury found true the allegations that appellant personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). The trial court found that appellant had suffered one prior serious felony conviction within the meaning of the "Three Strikes" law (§ 667, subds. (b) through (i) and 1170.12), which was also a serious felony within the meaning of section 667, subdivision (a). The court also found that appellant had served four prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced appellant to a total of 21 years in state prison, consisting of the high term of six years for the burglary conviction, doubled to 12 years pursuant to the Three Strikes law, plus a five-year enhancement term for the prior conviction pursuant to section 667, subdivision (a), plus a three-year term for great bodily injury pursuant to section 12022.7, plus a one-year enhancement term for one of the prior prison terms.[2] The court stayed sentence on the assault conviction pursuant to section 654.
Appellant appeals from the judgment of conviction, contending that the trial court erred in permitting Detective Bezart to offer opinion testimony and further erred in failing to instruct the jury on the definition of assault and on simple assault as a lesser included offense of aggravated assault. We affirm the judgment of conviction.
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