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Whether Assault by Means of Force Likely to Produce Great Bodily Injury a Lesser Included Offense of Assault with a Deadly Weapon

In this case in which briefing was previously deferred pending decision in People v. Aledamat (2019) 8 Cal.5th 1, the court ordered the parties to brief the following question on 11/20/2019: (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) 7 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? (People v. Aguayo (2019) 31 Cal.App.5th 758, review granted 5/1/2019 (S254554/D073304).)

On April 22, 2020, the court directed the parties to file supplemental briefs addressing the following issues: 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? If so, must one of defendant's convictions be vacated?

Review on this issue has also been granted with briefing deferred in:

  • People v. Laun (Oct. 18, 2019, G055893) [nonpub. opn.], review granted 1/22/2020 (S259197)
  • People v. Cota (2020) 44 Cal.App.5th 720, review granted 4/22/2020 (S261120/G056850)

Updated: 4/22/2020

Return to: California Supreme Court Pending Issues.

 

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