P. v. Reyes CA4/3
A jury convicted Jaime Nelson Reyes of attempted premeditated murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a) [count 1]; all statutory citations are to the Penal Code), assault with a deadly weapon or instrument (§ 245, subd. (a)(1) [count 2]), kidnapping (§ 207, subd. (a) [count 3]), and disobeying a court order (§ 166, subd. (a)(4) [counts 6 and 7]). The jury found he personally used or discharged a firearm in committing several of the offenses. (See §§ 12022.5, 12022.53.) Reyes contends there is insufficient evidence he committed assault with a deadly weapon or instrument, and one of his misdemeanor convictions violated the statute of limitations. We accept the Attorney General’s concession the conviction for disobeying a court order (count 6) committed in October 2013 violated the statute of limitations. We also conclude insufficient evidence supports the assault with a deadly weapon conviction, and therefore modify the conviction to simple assault. We will rema
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