Dennis

A jury convicted defendant of mayhem (Pen. Code, § 203) and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)) and found true all alleged special circumstances and enhance ments. After the jury found defendant was sane at the time he committed the offenses, the court imposed concurrent life terms as mandated by statute. (§ 667.7.)

On appeal, defendant contends (1) the trial court erred in not granting defendant’s motion for a change of venue (§ 1033); (2) the injury inflicted did not constitute mayhem; (3) the trial court erred in not instructing on the lesser included offense of simple assault; and (4) the trial court erred in not giving defendant’s proposed instruction concerning the consequences of finding defendant not guilty by reason of insanity. We agree with the latter contention and shall remand for retrial on the sanity issue. In all other respects, we shall affirm the judgment.

Facts

At 6:30 a.m. on October 6, 1982, a motorist passed a park in Davis and noticed a man crouched over an object. The man stood up and began pulling what the passerby first believed to be a raincoat or dog. He then realized two people were struggling.…