Lopez

Defendant, Bernie Lopez, was convicted by jury trial of mayhem (Pen. Code, § 203) with the additional finding that he used a deadly and dangerous weapon within the meaning of Penal Code section 12022, subdivision (b). He appeals claiming instructional error. We affirm.

Statement of the Case

An information was filed against the defendant charging him with two crimes arising from the same incident. Count one alleged a violation of section 203, mayhem, with the additional allegation that he used a deadly weapon during the commission of the offense. (§ 12022, subd. (b).) Count two charged a violation of section 245, subdivision (a)(1), assault with a deadly weapon, with the additional allegation that he intentionally inflicted great bodily injury during the assault within the meaning of section 12022.7.

Jury trial commenced on May 7, 1984. Prior to its deliberations the jury was instructed on the law. These instructions included CALJIC No. 9.30 (1979 revision), mayhem defined. The jury returned its verdict finding defendant guilty of count one as charged and not guilty of count two as charged.

On June 12, 1984, defendant was sentenced to state prison for the lower term of…