English
People v. English
Opinion
Opinion
Gomes, J.
[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1218 OPINION Charles David English's live-in girlfriend lost consciousness after he slapped and punched her face, threw her against the wall and pushed her to the floor, and choked and kicked her. At a bifurcated trial, he admitted three prison term prior allegations (Pen. Code, § 667.5 , subd. (b)), 1 after which a jury found him guilty of assault by means of force likely to produce great bodily injury and found an infliction of great bodily injury allegation true (§§ 245, subd. (a)(1), 12022.7, subd. (a)). The court imposed an aggregate 10-year sentence (a four-year aggravated term on the assault, a consecutive three-year term on the great bodily injury enhancement, and three consecutive one-year terms on the prison term prior enhancements). ISSUES ON APPEAL First, English argues that the denial of his motion for a continuance on the day before trial was an abuse of discretion and a violation of his rights to…