P.

Filed 8/7/13 P. v. Ochoa CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B241804 (Super. Ct. No. BA393480-01) Plaintiff and Respondent, (Los Angeles County)

v.

FREDDY N. OCHOA,

Defendant and Appellant.

Freddy N. Ochoa appeals from the judgment following his conviction by jury of misdemeanor battery, a lesser included offense of battery resulting in serious bodily injury. (Pen. Code, §§ 242, 243, subd. (d).)1 The jury also acquitted him of assault by means of force likely to produce great bodily injury. (§ 245, subd. (a)(4).) The trial court sentenced him to 180 days in county jail. Appellant's sole contention on appeal is that the trial court erred by…