P. v. Terrill CA4/2

Filed 5/2/13 P. v. Terrill CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E057058

v. (Super.Ct.No. RIF1104084)

JOHN ERVIN TERRILL, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Michael S. Hider,

Judge. (Retired judge of the Merced Sup. Ct., assigned by the Chief Justice pursuant

to art. VI, § 6 of the Cal. Const.) Affirmed as modified.

William D. Farber, 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, Natasha Cortina, Ronald A.

Jakob and Kelley Johnson, Deputy Attorneys General, for Plaintiff and Respondent.

1

A jury found defendant and appellant John Ervin Terrill guilty of assault by

force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).)1 The jury

also found true that defendant had personally inflicted great bodily injury on the