P. v. Carrera CA4/12
James Eugene Carrera got into a physical altercation with two people. The jury convicted him of assault with a deadly weapon and simple assault as to the first victim, and misdemeanor battery and simple assault as to the second victim. The trial court sentenced Carrera to a four-year prison term and imposed various fines, fees, and assessments. In his appeal, Carrera asserts (1) there was insufficient evidence to support his convictions for assault with a deadly weapon against the first victim, (2) the simple assault committed against the second victim must be dismissed because it is a lesser included offense of battery, and (3) the case must be remanded for a hearing on his ability to pay the restitution fine and assessments.
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