People v. Cota CA4/1

Filed 7/19/16 P. v. Cota CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D069049

Plaintiff and Respondent,

v. (Super. Ct. No. SCS279566)

FERNANDO COTA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Stephanie

Sontag, Judge. Affirmed.

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted Fernando Cota of battery with serious bodily injury (Pen. Code,

§ 243, subd. (d))1 and assault by means likely to produce great bodily injury (§ 245,

1 All further statutory references are to the Penal Code.

subd. (a)(4).) The jury found true the allegation that Cota personally inflicted great

bodily injury on the victim Alfredo Gallegos, who was not an accomplice to the offense

(§ 12022.7, subd. (a)). Cota admitted two prior prison convictions (§ 667.5, subd. (b)).

The court sentenced Cota to nine years in state prison, consisting of the upper term of