P. v. Smith
On May 19, 2011, an information was filed charging defendant and appellant Mark Allen Smith with one count of battery causing serious bodily injury (Pen. Code, § 243, subd. (d)) and an enhancement of inflicting great bodily injury (Pen. Code, §§ 667, 1192.7, subd. (c)(8)).
On September 12, 2011, proceedings in this case were suspended under Penal Code section 1368. After the completion of psychological evaluations, on October 11, 2011, the proceedings were reinstated.
On November 7, 2011, trial by jury commenced. Two days later, the jury found defendant guilty of battery causing serious bodily injury (count 1), but found that defendant did not inflict great bodily injury.
On December 8, 2011, defendant was sentenced to the midterm of three years in state prison on count 1; however, the execution of the sentence was suspended, and formal probation was granted for 60 months. Defendant was committed to the custody of the Riverside County Sheriff for 330 days, with credit for time served of 230 actual days, plus 120 days conduct credit under Penal Code section 4019, for a total of 350 days. The trial court also ordered defendant to pay various fines and fees.
On January 24, 2012, defendant filed his timely notice of appeal.
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