P. v. Henandez
Andres Gutierrez Hernandez appeals from the judgment entered after a jury convicted him of simple assault, a lesser included offense of assault with a deadly weapon, and battery causing serious bodily injury and found true he personally inflicted great bodily injury in committing the battery. Hernandez contends the trial court erred by failing to dismiss his conviction of simple assault as a lesser included offense of the aggravated battery. Court agree, but in light of other errors committed by the trial court we remand for resentencing.
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