P. v. Smith CA1/5
Appellant Harry Smith cut M.A’s neck with a knife, causing a serious injury. During his jury trial on attempted murder and assault charges, appellant testified that the injury was inflicted accidentally and was justified in any event because he was trying to prevent M.A. from pimping out a teenage girl. A jury acquitted appellant of attempted murder and the lesser included offense of attempted voluntary manslaughter, but convicted him of assault with a deadly weapon with an enhancement for the personal infliction of great bodily injury. (Pen. Code, §§ 187/664, 245, subd. (a)(1), 12022.7, subd. (a).) The court sentenced appellant to prison for 16 years after the jury returned true findings on prior conviction and prior prison term allegations in a bifurcated trial. (§ 667, subd. (a), 667.5, subd. (b), 1170.12.)
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