Truong

Ty L. Truong was convicted of assault with a deadly weapon, misdemeanor battery upon a spouse, and misdemeanor vandalism after an incident in which he committed a battery upon his wife, from whom he was separated, and stabbed her boyfriend. His sentence was increased pursuant to an enhancement for infliction of great bodily injury under circumstances involving domestic violence. On appeal, he contends this enhancement could not constitutionally be applied to great bodily injury inflicted upon a third party rather than upon one of the parties involved in a domestic relationship. He further maintains the enhancement must be stricken because the trial court failed to instruct the jury on the definitions of “domestic violence” and “abuse.” We affirm.

Statement of the Case

Appellant was charged by information filed on November 23, 1999, with one count of infliction of corporal injury to a spouse/cohabitant/child’s parent (Pen. Code, § 273.5, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)), first degree residential burglary (§§ 459, 460) and misdemeanor vandalism (§ 594, former subd. (b)(4)). In connection with the assault and burglary counts, it was alleged…