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Cal Supreme Court Vacates Assault Conviction

People v. Aguayo Court: Supreme Court of California, Docket: S254554, Opinion Date: August 25, 2022. The Supreme Court reversed the judgment of the court of appeals affirming Defendant's conviction of assault with a deadly weapon other than a firearm and assault by means of force likely to cause great bodily injury, holding that assault with a deadly weapon and force likely assault are different statements of the same offense. Evidence at trial showed that Defendant hit her father with a bicycle chain and lock. That evidence supported each of Defendant's aggravated assault convictions. At issue before the Supreme Court was whether "assault upon the person of another with a deadly weapon or instrument other than a firearm" and "assault upon the person of another by any means of force likely to produce great bodily injury" are separate offenses or whether they constitute different statements of the same offense. The Supreme Court vacated the convictions, holding that a defendant may not be convicted of both types of aggravated assault.


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