Jaimez

I

Defendant Edward Jaimez appeals from a judgment of conviction entered after a jury found him guilty of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)) and battery with serious bodily injury (§§ 242-243, subd. (d)). The jury also found true allegations that defendant inflicted great bodily injury (§ 12022.7) and the victim was 60 years of age or older (§ 1203.09, subd. (f)). Defendant was sentenced to a term of seven years in state prison.

On appeal defendant raises issues involving the admissibility of certain evidence, jury instructions and sentencing. For the reasons stated below, we affirm the judgment.

The facts may be summarized as follows; As 69-year-old Lam Hoa was crossing the street near his home, he was grabbed from behind and carried over to a wooded area by defendant. Mr. Hoa was placed on the ground whereupon defendant took his cane, pipe and sunglasses. Defendant then began to search him for valuables. Finding no wallet, he attempted to remove Mr. Hoa’s wedding ring. When Mr. Hoa resisted, defendant hit him several times on his right shoulder. Mr. Hoa’s arm was broken in three places. Several witnesses…