P. v. Jeffcoat
Rodney Jeffcoat appeals from a judgment convicting him of involuntary manslaughter (count 1); assault by means of force likely to produce great bodily injury, and the lesser offenses of battery and simple assault (count 2); and conspiracy to obstruct justice (count 3). He asserts (1) the trial court erred by failing to give the jury a unanimity instruction concerning the involuntary manslaughter charge; (2) the trial erred by refusing to apply Penal Code[1] section 654 to stay the sentence on his conviction for assault by means of force likely to produce great bodily injury; and (3) his convictions for battery and simple assault must be dismissed because they are lesser included offenses of assault by means of force likely to produce great bodily injury. The Attorney General concedes, and we agree, the simple assault conviction must be dismissed as a lesser included offense of assault by means of force likely to produce great bodily injury. Further, after receiving supplemental briefing from the parties, we conclude that although battery is not a lesser included offense of assault by means of force likely to produce great bodily injury, the battery conviction must also be dismissed because Jeffcoat cannot properly be convicted of two offenses for a single count. Court reject Jeffcoat's other contentions of error. Court modify the judgment to strike the battery and simple assault convictions. As so modified, the judgment is affirmed.
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