P. v. Thomas CA4/1
A jury convicted Eddie Lee Thomas of assault with force likely to inflict great bodily injury (Pen. Code, § 245, subd. (a)(4); count 2) and battery (§ 242, as a lesser included offense of assault with a deadly weapon; count 1). The jury found not true allegations in count 2 that defendant inflicted great bodily injury upon the victim. Thomas admitted allegations he suffered three prior strike convictions (§§ 667, subd. (b)–(i), 668, 1170.12). The court sentenced Thomas to the upper term of four years in state prison for count 2, which was doubled to eight years as a result of his prior strike convictions. The court imposed a sentence of six months for count 1, to run concurrently with the sentence for count 2.
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