California, United States of America
The following excerpt is from People v. Johnson, C086541 (Cal. App. 2019):
The information was also ambiguous as to the factual basis for the conviction. The count to which defendant eventually pled no contest charged him with committing "a violation of Section 245(a)(1) of the Penal Code of the State of California, in that said defendant did willfully and unlawfully commit an assault . . . with a deadly weapon, to wit, a knife, and by means of force likely to produce great bodily injury." Since the information charged defendant with both assault with a deadly weapon and assault by means of force likely to produce great bodily injury, the information does not specify the underlying factual basis for the conviction. (See People v. Aguilar (1997) 16 Cal.4th 1023, 1031 [the " 'force likely' " clause is an alternative to the " 'deadly weapon' " clause].)
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