P. v. Saavedra
A jury convicted defendant Eloy Joan Saavedra of assault with a deadly weapon, i.e., a bat (Pen. Code, § 245, subd. (a)(1), as amended by Stats. 2011, ch. 183,
§ 1; all further statutory references are to this code; count 1), assault by means of force likely to produce great bodily injury (former § 245, subd. (a)(1), now § 245, subd. (a)(4); count 2), and battery with serious bodily injury (§ 243, subd. (d); count 3). As to the assault charges, the jury also found defendant personally inflicted great bodily injury on a non-accomplice. (§ 12022.7, subd. (a).)
The court suspended execution of a five-year sentence on count 1 and placed defendant on probation with conditions including 180 days in jail. It also imposed, then stayed under section 654, two-year sentences on counts 2 and 3, but ordered fines and fees for each count.
Defendant contends one of the two assault convictions must be stricken because they are based on one act. We disagree and affirm the judgment.
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