Sinclair

*893 Opinion

By information No. 98094 filed December 29, 1972, defendant, Gary Dean Sinclair, was charged in count I with a violation of Penal Code section 459 (burglary) in that on November 29, 1972, he did feloniously enter the residence of Charles C. Butler, located at 261 Pebble Hill Drive, Santa Barbara County, with intent to inflict great bodily injury, and that he did inflict great bodily injury upon Joseph Ristagno, a person occupying said building. Count II charged a violation of Penal Code section 459 (burglary) on November 29, 1972, in that defendant Sinclair did feloniously enter a residence occupied by Lome Carlson at 244 Pebble Hill Place with intent to commit theft; count III charged a violation of Penal Code section 245, subdivision (b) (assault on police officer with deadly weapon while in the performance of duty) on November 29, 1972, in that defendant Sinclair did feloniously commit an assault with a deadly weapon on Joseph Ristagno, a peace officer, who was engaged, and defendant knew he was engaged, in the performance of his duties. The information also charged two prior convictions, one a violation of Penal Code section 470 (forgery and counterfeiting),…