People v. Harris CA1/1

INTRODUCTION

This appeal is from a judgment after a jury trial. It is authorized pursuant to Penal Code section 1237.1 Defendant challenges the trial court’s decision to instruct on lesser included offenses and the fact the trial court imposed sentence on all the lesser offenses for which the jury found guilt. We agree that certain imposed sentences were improper in light of the jury’s verdict. We otherwise affirm the judgment in this case.

STATEMENT OF THE CASE

On November 5, 2012, the district attorney of San Mateo County filed an information charging defendant with inflicting corporal injury resulting in a traumatic condition upon his former cohabitant, Dimitri Geier (§ 273.5, subd. (a); count 1), and committing an assault by means of force likely to cause great bodily injury upon Dimitri Geier (§ 245, subd. (a)(4); count 2). The information alleged as to each count that defendant, under circumstances involving domestic violence, personally inflicted great

1 All statutory references are to the California Penal Code unless otherwise specified. bodily injury (§ 12022.7, subd. (e)) and that the offenses were serious felonies (§ 1192.7, subd. (c)(8)). On November 4, 2013, a…