P. v. Valencia CA4/2
Defendant and appellant Jose Alberto Valencia appeals his conviction for assault with a deadly weapon and assault by means of force likely to cause great bodily injury. He contends that his conviction for the latter offense must be reversed because it is included within the former offense. He also contends that his conviction on both counts must be reversed because the prosecutor’s rebuttal argument improperly misstated the burden of proof. We reject both arguments. However, we agree with both parties that defendant is entitled to one additional day of presentencing custody credit.
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