P. v. Suarez CA4/1
A jury convicted Abdiel Suarez of one count of simple assault as a lesser offense of assault with force likely to cause great bodily injury. Suarez was also convicted of assault with a deadly weapon.
At sentencing, the trial court reduced count 4 to a misdemeanor. Suarez was placed on summary probation.
Suarez appeals contending his convictions for counts 3 and 4 violate the double jeopardy clause of the United States Constitution. He contends count 3 is a lesser included offense of count 4. As we will explain, count 3 involves an assault by Suarez in which he kicked the victim. Count 4 involves a separate assault by another person on the same victim using a baton. Although the counts involve the same conduct by Suarez, they are separate offenses involving two different assaults. The conduct produced two separate crimes, although multiple punishments could not be imposed in light of section section 654. Accordingly, we will reject Suarez's contentions and affirm the j
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