P. v. Denisoff CA1/5
A jury convicted Christina A. Denisoff of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4) (Count 2)) and assault with a deadly weapon (§ 245, subd. (a)(1) (Count 3)). The jury found true sentencing enhancement allegations that Denisoff personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)) and personally used a deadly weapon (§ 12022, subd. (b)(1)). The trial court sentenced Denisoff to two years in state prison.
Denisoff appeals. She contends: (1) the court erred by excluding the victim’s prior inconsistent statement as impeachment evidence; and (2) she was improperly convicted of both counts of assault for “identical conduct involving a single victim.” We conclude Denisoff’s conviction for assault by means of force likely to produce great bodily injury is necessarily included within her conviction for assault with a deadly weapon.
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