P. v. Hendrix CA3
Defendant Allen Keith Hendrix appeals following his convictions for attempted premeditated murder, malicious assault with a deadly weapon by a life prisoner (§ 4500), assault with a deadly weapon (§ 245, subd. (a)(1)), and possession of a sharp instrument in prison (§ 4502). He contends: (1) assault with a deadly weapon is a lesser included offense of assault with a deadly weapon by a life prisoner and therefore, that conviction must be reversed; (2) the sentence for possession of a sharp instrument must be stayed under section 654; and (3) errors in the abstract of judgment require correction. The People properly concede that assault with a deadly weapon by a life prisoner is a lesser included offense of assault with a deadly weapon. Accordingly, we will reverse that conviction. We also agree there are errors in the abstract of judgment that require correction. In all other respects, we affirm the judgment.
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