P.

INTRODUCTION

Defendant Buddy Okechkwea Ugwumba appeals judgment entered following jury 1 convictions for willful infliction of corporal injury (Pen. Code,1 § 273.5, subd. (a); count

1) and assault with force likely to produce great bodily injury (former § 245, subd.

(a)(1);2 count 2). Defendant admitted a prior strike conviction (§§ 667, subds. (c) &

(e)(1), 1170.12, subd. (c)(1)). The trial court sentenced defendant to six years for count

and stayed sentencing on count 2 under section 654.

Defendant contends the trial court improperly failed to instruct the jury, on the

lesser included offense of simple assault. Defendant also asserts that the abstract of

judgment should be amended to reflect that he was convicted of assault with force likely

to cause GBI, rather than assault with a deadly weapon. We affirm the judgment but

agree the abstract of judgment must be corrected to state that defendant’s count

conviction was for assault with force likely to cause GBI.

II

FACTS

On January 18, 2011, defendant visited Jane Doe, the mother of one of defendant’s

children. Doe and defendant’s daughter lived with Doe’s mother (grandmother).

Grandmother was not home.…