People v. Tran CA1/3

Filed 9/22/15 P. v. Tran CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A141345

v. DAO TRAN, (City & County of San Francisco Super. Ct. No. 219821) Defendant and Appellant.

Dao Tran (appellant) appeals from a judgment entered after a jury convicted him of simple mayhem, assault with a deadly weapon, enhanced by infliction of great bodily injury and battery with serious bodily injury, enhanced for use of a deadly weapon. He contends his conviction for the offense of battery with serious bodily injury must be reversed because it is a necessarily included offense of simple mayhem. We reject the contention and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On March 29, 2013, an…