People v. Jordan CA2/2

Filed 12/18/14 P. v. Jordan CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B254530

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA085795) v.

UNDREY PIERRE JORDAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. David Sotelo, Judge. Affirmed. Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, and Michael C. Keller, Deputy Attorney General, for Plaintiff and Respondent.

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Undrey Pierre Jordan (defendant) argues that his conviction for assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4))1 must be reduced to a misdemeanor assault conviction because his two punches to his girlfriend’s face were not likely to produce great bodily injury, even though they resulted in a laceration warranting five stitches, a swollen-shut eye, and her temporary loss of consciousness. We reject his challenge and affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant and his girlfriend got into an argument outside of a liquor store that ended when he grabbed her hair and punched her twice in the face with his bare fists. She fled into the liquor store, and within minutes slumped to the ground and lost consciousness. The punches also caused a two-centimeter laceration on her forehead warranting stitches, a second laceration on the inside of her lip, and bruising and swelling, including bruising that swelled one of her eyes shut. The incident was caught on videotape. The People charged defendant with (1) corporal injury to a cohabitant (§ 273.5, subd. (a)), (2) assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)), and (3) battery upon a custodial officer (§ 243.1). The People further alleged that defendant inflicted great bodily injury (§ 12022.7, subd. (e)), and that his prior 2005 conviction for criminal threats (§ 422) qualified as a prior “strike” (§ 1170.12, subds. (a)-(d); § 667, subds. (b)-(i)), as a prior serious felony (§ 667, subd. (a)(1)), and a prison prior (§ 667.5, subd. (b)). Following trial, a jury convicted defendant of battery against a cohabitant (§ 243, subd. (e)(1)) as a lesser included offense of the corporal injury charge, and assault by means likely to produce great bodily injury, but acquitted him of the battery upon a custodial officer count and found he did not inflict great bodily injury upon his girlfriend. After the jury also found the prior conviction allegations true, the court imposed a five