Hill
People v. Hill
Opinion
Opinion
Kline, J.
Marlowe Hill appeals from convictions of mayhem and aggravated assault. He contends the trial court gave an erroneous instruction pertaining to the mayhem count and improperly imposed the aggravated term in sentencing on that count. We affirm the conviction but remand for resentencing.
Statement of the Case
Appellant was charged by information filed on May 13, 1992, with one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) and one count of aggravated mayhem (§ 205). It was further alleged that appellant inflicted great bodily injury upon the victim in the commission of the assault (§ 12022.7.)
Trial began on July 13, 1992, and on July 21 the jury convicted appellant of the charged assault, found the great bodily injury allegation true, and convicted appellant of mayhem (§ 203), a lesser offense of the charged aggravated mayhem.
Appellant was sentenced on October 2 to the upper term of eight years on the mayhem count. Sentence on the assault count and great bodily injury enhancement was stayed pursuant to section 654.
Appellant filed a timely notice of appeal on October 22, 1992.