P. v. Jordan
A jury convicted Terrance Jordan of willfully inflicting corporal injury to a cohabitant (Pen. Code, § 273.5, subds. (a), count 1), [1] battery with serious bodily injury (§ 243, subd. (d), count 2), mayhem (§ 203, count 3), and assault with a deadly weapon (a knife) (§ 245, subd. (a)(1), count 4). In counts 1 through 3, the jury found Jordan had personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)). As to all counts, the jury found Jordan had personally inflicted great bodily injury (§ 12022.7, subdivision (e)).
In a bifurcated proceeding, Jordan admitted he had suffered a prior domestic violence-related conviction (§ 273.5, subd. (e)) and had served two separate prison terms for felony convictions (667.5, subd. (b)). He was sentenced to an aggregate state prison term of eight years. On appeal, Jordan challenges the sufficiency of the evidence to support his conviction for willfully inflicting injury to a cohabitant (§ 273.5, subd. (a).) Alternatively, Jordan contends the trial court committed prejudicial error by failing to instruct the jury sua sponte on the lesser included offense of misdemeanor battery on a cohabitant. We affirm.
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