Is Assault by Means of Force Likely to Produce Great Bodily Injury a Lesser Included Offense of Assault With a Deadly Weapon?
June 1st, 2021

Review granted in People v. Aguayo, S254554. (D073304; 31 Cal.App.5th 758; San Diego County Superior Court; SCS295489.) to consider the following issues:

 

(1) Is assault by means of force likely to produce great bodily injury a lesser included offense of assault with a deadly weapon? (See People v. Aledamat (2019) [8] Cal.5th 1, 16, fn. 5.)

 

(2) If so, was defendant’s conviction of assault by means of force likely to produce great bodily injury based on the same act or course of conduct as her conviction of assault with a deadly weapon?

 

(3) Are Penal Code section 245, subdivision (a)(1) and section 245, subdivision (a)(4) merely different statements of the same offense for purposes of section 954?

 

(4) If so, must one of defendant’s convictions be vacated?


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