P. v. Alonzo
Clarence Alonzo appeals the judgment entered after a jury convicted him on two counts of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)),[1]two counts of assault by means likely to produce great bodily injury ( 245, subd. (a)(1)), attempted carjacking ( 664/215, subd. (a)), and vandalism causing less than $400 in damage ( 594, subd. (a)). In a bifurcated proceeding, the trial court found true the allegations that Alonzo had suffered two prior serious or violent felony convictions ( 667, subds. (a)(1) & (b)-(i), 1170.12, subds. (a)-(d)). He was sentenced to a total term of 21 years in state prison. He contends two of his assault convictions must be vacated as duplicative and that one of the remaining convictions must be stricken because it conflicts with Vehicle Code section 23110, a specific statute that applies to the criminal conduct in question. We agree with Alonzo that he cannot be convicted on separate assault counts under section 245, subdivision (a)(1), based on a single incident. Accordingly, Court shall order two of the counts stricken. Otherwise, Court affirm.
Comments on P. v. Alonzo