P. v. Walker CA2/5
Defendant and appellant Steven Walker (defendant) was convicted of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b) ). On appeal, defendant contends: (1) the trial court violated the double jeopardy clause of the United States Constitution by giving a jury instruction on alternative charges, (2) his conviction for assault with a semiautomatic firearm must be reversed because it is inconsistent with his acquittal for assault with a firearm, and (3) the court erred by failing to instruct the jury it could acquit defendant of both charges. We affirm the judgment.
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