P. v. Paschall
Defendant David Lewis Paschall appeals from the judgment entered after a jury convicted him of simple assault, a lesser included offense of assault by means likely to produce great bodily injury, and battery causing serious bodily injury. Defendant contends the trial court erred by failing to dismiss his conviction of simple assault as a lesser included offense of aggravated battery. Court conclude the simple assault conviction must be reversed because it is a necessarily included offense of aggravated battery, but otherwise affirm the judgment.
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