P. v. Dominguez CA3
A jury found defendant Oscar Ramon Dominguez guilty of infliction of corporal injury upon a person with whom he had a dating relationship (count one), assault with a deadly weapon, to wit, a car (count two), and hit and run resulting in death or permanent serious injury (count three). In connection with counts 1 and 2, the jury found that defendant personally inflicted great bodily injury under circumstances involving domestic violence. In connection with count 1, the jury also found that defendant used a deadly and dangerous weapon, to wit, a car.
Sentenced to state prison for an aggregate term of 11 years, defendant appeals. His sole contention is that the trial court abused its discretion in imposing the upper terms rather than the middle terms. We conclude that defendant has forfeited the contention. Even if not forfeited, his contention fails on the merits.
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