P. v. Menjivar
A jury found defendant and appellant Jorge Jose Menjivar guilty of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).)[1] Defendant thereafter admitted that he had suffered one prior serious or violent felony strike conviction. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) As a result, defendant was sentenced to a total term of six years in state prison with credit for time served. On appeal, defendant contends (1) the trial court erred in denying his request to instruct the jury on simple assault, and (2) he is entitled to additional presentence conduct credits under the most recent amendment to section 4019. We reject these contentions and affirm the judgment.
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