People v. Martinez

Opinion by

MR. JUSTICE KELLEY.

Appellant was charged with two counts of first-degree assault in violation of section 40-3-202(1 )(a), 1971 Perm. Supp., C.R.S. 1963, 1 and convicted of first-degree assault on count I and second-degree assault as to count II. He was sentenced to two identical terms in the county jail. The appellant seeks reversal of the judgment of conviction, contending as to count I that no “serious bodily injury” was proven and, as to count II, that second-degree assault is not a lesser included offense of first-degree assault. We disagree with both contentions and affirm.

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