C.A. 4th
D063560
The Fourth Appellate District affirmed a trial court order granting probation. The court held that a defendant’s serious-bodily-injury battery conviction and the jury’s true finding on allegations of great bodily injury were supported by sufficient evidence where the defendant’s punch to his victim’s face caused a cut that required sutures, among other injuries. The court held further that while the defendant was statutorily ineligible for probation for having committed a serious felony while on probation for a prior felony offense, he was nonetheless properly granted probation where his existing probation status was neither alleged nor proved at trial.
