Murray

Defendant Lloyd Henry Murray was convicted by a jury of involuntary manslaughter (Pen. Code § 192, subd. (b); unspecified section references that follow are to the Penal Code), aggravated assault (§ 245, subd. (a)(1)), and dissuading a witness (§ 136.1, subd. (b)(3)). The jury also found defendant caused great bodily injury in connection with the aggravated assault (§ 12022.7, subd. (b)), and the trial court found defendant served a prior prison term (§ 667.5, subd. (b)). Defendant was sentenced to an aggregate, unstayed term of 12 years in state prison.

Defendant appeals, contending his conviction for aggravated assault must be reversed because (1) under the circumstances of this case, aggravated assault is a lesser included offense of involuntary manslaughter; and (2) he could not be prosecuted for aggravated assault when the more specific offense of involuntary manslaughter applies. We affirm the judgment.

Facts and Proceedings

On the evening of December 2, 2005, defendant was involved in a fight in the parking lot of a Holiday Inn. Travis Williams, a security officer at the hotel, went outside to break up the fight and defendant punched him in the face, causing…