Does a reduction in the severity of a conviction for assault with intent to cause grievous bodily harm apply to a defendant who is also convicted of assault?

California, United States of America


The following excerpt is from People v. Atlas, 64 Cal.App.4th 523, 75 Cal.Rptr.2d 307 (Cal. App. 1998):

8 As the court pointed out in United States v. McDonald, supra, 991 F.2d 866, 870, the sentencing court may choose to strike the enhancement where imposition truly would be unjust. (See 11353.6, subd. (f).)

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