Harvey

By jury trial appellant Patrick Dwayne Harvey was convicted of assault with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) and the jury found true that appellant intentionally inflicted great bodily injury. (Pen. Code, § 12022.7.)

Appellant and the victim, Marcel Jeter, were coworkers at a fast food restaurant. During an argument appellant threw hot grease from a fryer onto the victim’s face.

Appellant appeals from the judgment, contending (1) the evidence is insufficient to support the finding of intentional infliction of great bodily injury under Penal Code section 12022.7; (2) appellant’s statement to a police officer was erroneously admitted in violation of Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; and (3) the trial court prejudicially erred in instructing the jury with CALJIC No. 2.62. We affirm. In the published portion of this opinion we uphold the finding of intentional infliction of great bodily injury. In the nonpublished portion we conclude appellant was not in custody so as to require Miranda warnings be given, and any error in instructing with…