P. v. Guarino
A jury convicted defendants of battery with serious bodily injury; and assault by means likely to produce great bodily injury. Defendants contend their convictions and sentences on count 2 must be vacated on grounds of double jeopardy because the assault offense is necessarily included within the battery offense. Defendants additionally contend the trial court erred by denying a new trial motion, and by refusing to admit into evidence a written statement by the victim that was inconsistent with his trial testimony. Court affirm.
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