People v. Baker CA5

BACKGROUND

Charges The Tuolumne County District Attorney charged Baker with two crimes: Felony assault (Pen. Code, 1 § 245, subd. (a)(1); Count 1) and felony battery (§ 243, subd. (d); Count 2). The first count included an enhancement for causing great bodily injury (§ 12022.7, subd. (a)). Trial Evidence The facts are largely irrelevant to the issues. Suffice it to say, Baker was involved in a physical altercation in which he inflicted multiple injuries to another man’s head. Verdict Baker was found not guilty of Count 1, guilty of the lesser included offense of assault (§ 240), and guilty of Count 2. He was sentenced to serve 10 months in jail and admitted to probation with various terms and conditions.

DISCUSSION

Baker contends “the verdict should have been recorded” when “[t]he jury informed the court that it found [him] not guilty of [Count 1] and indicated a decision of guilt on the lesser charge of simple assault.” According to him, “[t]he only possible disposition of Count 2 at that point was an acquittal.” He primarily bases his argument on section 1162, which states, in part, “the court must give judgment of acquittal” where “it can be clearly understood” the jury…