Eilers

Following a jury trial, the defendant appeals from a judgment of conviction of assault with a deadly weapon. We affirm.

Factual and Procedural Background

Using a fishing knife, the defendant inflicted three lacerations to the neck and chin of the prosecuting witness, Mr. Waiter, ranging from three and one-half to about eight inches in length. Waiter claimed that the defendant had attacked him without warning or provocation. The defendant testified that, to the contrary, he had slashed Waiter to defend himself against Waiter’s sudden attack on the defendant.

The defendant was charged with attempted murder (Pen. Code, §§ 664 and 187, subd. (a)) and attempted robbery (Pen. Code, §§ 664 and 211). It was further alleged that the defendant committed those offenses while using a dangerous weapon and while inflicting great bodily injury.

Following a jury trial, the defendant was found guilty of assault with a deadly weapon as a lesser offense related to the charge of attempted murder, but not guilty of the attempted robbery charge. The jury also found the allegation that the defendant had intentionally inflicted great bodily injury during the commission of that assault to be…