People v. Brunton

*687*1099Based on a single act of choking his cellmate with a tightly rolled towel, a jury found defendant Richard Brunton guilty of assault with a deadly weapon ( Pen. Code,1 § 245, subd. (a)(1) ; hereafter, § 245(a)(1) ) and assault by means of force likely to produce great bodily injury (force-likely assault) ( § 245, subd. (a)(4) ; hereafter, § 245(a)(4) ), and found true the allegation that he personally used a deadly weapon (the towel) in the commission of the force-likely assault (§ 12022, subd. (b)(1) ).2 The trial court sentenced Brunton to six years in prison, consisting of four years…