Perez

In this case we hold that a plea of guilty to aggravated assault (Pen. Code, § 245, subd. (a)) with great bodily injury (Pen. Code, § 12022.7) did not invoke the lesser punishment for felony battery (Pen. Code, § 243, subd. (d)).

David Perez appeals from the sentencing provisions of an order revoking probation. The court sentenced him to the middle term of three years for aggravated assault plus a three-year enhancement for inflicting great bodily injury. We affirm.

Perez claims his plea of guilty to aggravated assault with great bodily injury established only the “least adjudicated elements” of that offense, which are the use of force likely to produce great bodily injury in a manner that resulted in the infliction of great bodily injury. He asserts these elements, which do not necessarily include the use of a deadly weapon, 1 are the same as those of felony battery with serious *569 bodily injury, which is punishable by no more than four years’ imprisonment, 2 so that imposition of the greater sentence deprived him of due process and constituted cruel and unusual punishment. This claim lacks merit.

Perez incorrectly relies on People v. Crowson (1983) 33 Cal.3d 623 […