California Court of Appeal, Fourth District, First Division
[REVIEW GRANTED BY CAL. SUPREME COURT]
APPEAL from an order of the Superior Court of San Diego County, Leo Valentine, Jr., Judge. Affirmed. (Super. Ct. No. SCD240887).
[168 Cal.Rptr.3d 76] Steven J. Carroll, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.
A jury found Andre Deon Hood guilty of assault by means likely to produce great bodily injury (Pen.Code, § 245, subd. (a)(4); subsequent section references are to this code) and battery with serious bodily injury (§ 243, subd. (d)) for punching Joseph Laws in the face and lacerating the skin under his left eye. The jury also found true allegations Hood personally inflicted great bodily injury on Laws. (§§ 1192.7, subd. (c)(8), 12022.7, subd. (a).) After the jury returned its verdicts, Hood admitted allegations he had a prior conviction of assault with a deadly weapon (§ 245, subd. (a)(1)), which qualified as a serious felony (§ 667, subd. (a)(1)) and a strike under the " Three Strikes" law (§§ 667, subds. (b)-(i), 1170.12).
At the sentencing hearing, the court dismissed the prior conviction allegations for purposes of the Three Strikes law. (See § 1385, subd. (a);
People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 504, 53 Cal.Rptr.2d 789, 917 P.2d 628.) The court then suspended imposition of sentence for three years, granted Hood formal probation, and committed him to the custody of the sheriff for 365 days.
On appeal, Hood contends the order granting probation must be reversed because the evidence was insufficient to establish serious bodily injury for the battery conviction or great bodily injury for the allegations the jury found true. In supplemental briefing that we solicited, the People contend Hood was ineligible for ...