Can a defendant appeal an assault with a deadly weapon conviction?

Defendant appeals, claiming insufficient evidence supports his assault with a deadly weapon conviction. He argues the record contains insufficient evidence that the "pipe," or similar object he used during the assault, was a deadly weapon "'capable of producing and likely to produce, death or great bodily injury.'" (People v. Aguilar (1997) 16 Cal.4th 1023, 1029.) He claims the conviction must be reduced to simple assault. ( 240.) We disagree. Substantial evidence shows the three-foot long, one-inch diameter pipe or similar object was capable of producing, and likely to produce, death or great bodily injury, even though G.S. was not injured in the assault.