People v. Hurst CA3

Filed 10/3/14 P. v. Hurst CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

THE PEOPLE, C074585

Plaintiff and Respondent, (Super. Ct. No. 13F01865)

v.

TIMOTHY ROBERT HURST,

Defendant and Appellant.

Defendant Timothy Robert Hurst was involved in a domestic violence dispute with his live-in girlfriend and assaulted an intervener in the dispute. On appeal, defendant contends the trial court abused its discretion in imposing the upper term for the assault on the intervener in addition to imposing the enhancement for infliction of great bodily injury; alternatively, he contends his counsel rendered ineffective assistance in failing to object to the imposition of the upper term. The People contend…