P. v. Fernandez CA4/1
An information charged defendant Rodrigo Fernandez with assault with a deadly weapon other than a firearm against victims Luis L. and Carlos L. (Pen. Code, § 245, subd. (a)(1), counts 1 and 2, respectively). The jury convicted defendant on count 1 of assault with a deadly weapon, and of the lesser included offense of simple assault on count 2, a misdemeanor (§ 240). Defendant was granted two years' felony probation and was ordered to pay various fees and fines.
On appeal, defendant only challenges his conviction on count 1, arguing CALCRIM No. 875 allegedly misstates the law of assault with a deadly weapon when, as in the instant case, the weapon at issue—a baseball bat—is not "inherently deadly." Defendant also challenges the imposition of an $820 fine. As we explain, because the statutory basis of the $820 fine is not clear, we remand for that limited purpose only. In all other respects, we affirm defendant's judgment of conviction.
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