People v. Gomez CA4/3

FACTS

The information charged defendant with assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4); count one; all undesignated statutory references are to the Penal Code) and disobeying a protective order (§ 166, subd. (a)(4), a misdemeanor; count two) on February 17, 2013, with assault with a deadly weapon (§ 245. subd. (a)(1); count three) on January 15, 2013, and false imprisonment by violence (§§ 236, 237, subd. (a); count four) on and between January 1, 2013 and February 17, 2013. It further alleged defendant inflicted great bodily injury during the commission of the assault with a deadly weapon charged in count three. The jury found defendant guilty on all four counts and found the great bodily injury enhancement true. The court sentenced defendant eight years eight months in prison, consisting of a four-year upper term on count three, a consecutive three-year term on the great bodily injury enhancement, and consecutive eight-month terms (one-third the midterm) on counts one and four. We set forth the facts from the trial in compliance with the standard of review when a defendant challenges the sufficiency of evidence on appeal. (People v.…