Bolton

*543 Opinion

I.

INTRODUCTION

Defendant Exodus Bolton appeals from a judgment of conviction and sentence. A jury found Bolton guilty of assault with a deadly weapon and with force likely to cause great bodily injury, mayhem, making a criminal threat, resisting an officer, and two counts of battery. 1 Bolton committed the offenses in two separate incidents while riding the trolley.

On appeal, Bolton contends that the trial court abused its discretion in denying his motion to sever trial of the charges arising out of the two incidents, which occurred three days apart. Bolton also contends that the trial court erred in failing to instruct the jury sua sponte on the crime of battery with serious bodily injury as a lesser included offense of mayhem. Bolton further argues that the trial court abused its discretion in denying his motion to strike one or more of his prison prior convictions. Finally, Bolton contends that the trial court erred in imposing a lengthier sentence on retrial after his successful appeal.

We find no merit to Bolton’s contentions, and therefore affirm the judgment.

H.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

1. The prosecution’s case

On…