People v. Hall

Opinion

GRODIN, J.

Bobby Ray Hall was convicted of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)). He moved for a new trial on the ground that three jurors had voted for that conviction believing that they were making a finding of guilt only on a lesser included offense of misdemeanor assault. The issue on appeal is whether the trial court erred in denying that motion. We hold it did not, and consequently affirm.

Factual Background

According to evidence adduced by the prosecution, Hall met a Ms. S. at a neighborhood laundromat and accompanied her to…