P. v. Oriarte CA3
A jury found defendant Daniel Anthony Oriarte guilty of multiple counts including simple assault, false imprisonment, criminal threats, negligent discharge of a firearm, and spousal battery. On appeal, defendant contends insufficient evidence supported his simple assault conviction and that Penal Code section 654 proscribed punishment for his convictions for criminal threats, negligent discharge of a firearm, and spousal battery. We reverse the simple assault conviction and remand for resentencing as detailed post.
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