P. v. Gomez CA1/5
A jury found Avelino Gomez guilty of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) The trial court suspended imposition of sentence and placed Gomez on three years of probation on condition he serve 120 days in county jail.
Gomez appeals. He argues the trial court erred in refusing his request to instruct the jury on the lesser included offense of simple assault. We disagree and affirm.
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