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P. v. Moreno

A jury convicted Jorge S. Moreno of assault by means of force likely to produce great bodily injury. The jury also found not true the allegation that Moreno personally inflicted great bodily injury on the victim. (Pen. Code,[1] § 245, subd. (a)(1), 1192.7, subd. (c)(8).) Moreno admitted he had suffered three prior serious/violent felony convictions within the meaning of section 667, subdivisions (b) through (i); two prison priors (§ 667.5, subd. (b)), and two serious felony prior convictions within the meaning of section 667, subdivision (a)(1). The two serious felony priors were subsequently dismissed in light of the jury's rejection of the great bodily injury allegation. Moreno was sentenced to an indeterminate term of 25 years to life in prison, plus two consecutive determinate years for the two prison priors.
Moreno appeals contending the evidence does not support aggravated assault because the jury rejected the great bodily injury allegation and that there was prejudicial juror misconduct. We will reject both contentions and affirm the judgment.

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