Supreme Court of California

Conviction and sentencing of defendant-inmate for assault with a deadly weapon or by means likely to inflict great bodily injury by a prisoner serving a life sentence, Pen. Code section 4500, and assault with a deadly weapon other than a firearm or by means likely to inflict great bodily injury, Section 245(a)(1), is reversed on the Section 245(a)(1) conviction where the offense is lesser than, and necessarily included within, the offense of aggravated assault by a life prisoner.

Appellate Information

• Decided 08/18/2011
• Published 08/18/2011

Judges

• KENNARD

Court

• Supreme Court of California

Counsel