People v. Syvertson CA1/2

STATEMENT OF THE CASE

Appellant was charged by information filed on May 1, 2013, with assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)).1 It was alleged that appellant personally inflicted great bodily injury upon the victim in the commission of the assault (§ 12022.7, subd. (a)), and that the offense was a serious felony within the meaning of section 1192.7, subdivision (c)(8), and a violent felony

1 Further statutory references are to the Penal Code unless otherwise indicated.

1 within the meaning of section 667.5, subdivision (c)(8). Appellant was charged in count 2 with personally inflicting great bodily injury in the course of using force and violence upon the victim (§ 243, subd. (d)), and this offense was also alleged to be a serious felony (§ 1192.7, subd. (c)). It was further alleged that appellant had suffered a prior conviction for infliction of corporal injury on a spouse or cohabitant (§ 273.5) for which he served a prison term within the meaning of section 667.5, subdivision (b). On October 30, 2013, the jury found appellant guilty as charged. Appellant waived jury trial on the alleged prior prison term, which the…