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Punishment Reversed: Trial Court Erred in Assault Convictions

People v. Mendoza Docket: B306169 (Second Appellate District), Opinion Date: February 3, 2022. Defendant appealed the trial court's judgment entered following a jury trial in which he was convicted of attempted extortion; attempted robbery; assault with a deadly weapon; assault with force likely to cause great bodily injury; assault with a deadly weapon; and dissuading a witness. The Court of Appeal concluded that substantial evidence supported defendant's conviction for extortion. However, the court concluded that the trial court erred in separately punishing defendant for the two assault counts. The court also concluded that the trial court acted within its discretion in denying defendant's Romero motion. The court affirmed in part, vacated in part, and remanded for resentencing to exercise its discretion in light of recent amendments to the Penal Code. #punishmentreversed #assaultconviction #insufficientevidence

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