Can a conviction for violating section 245, subdivision (a)(1) of the California Penal Code stand?
California, United States of America
The following excerpt is from People v. Miles, B284253 (Cal. App. 2019):
Appeal in People v. Brunton (2018) 23 Cal.App.5th 1097, which held that section 245, subdivisions (a)(1) and (a)(4) define a single offense, and that therefore convictions for both counts cannot stand. The conflict between the two cases involves the interpretation and application of section 954 to multiple convictions for violating different subsections of section 245, subdivision (a).
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