P. v. Wagner CA5
Appellants Phillip Lee Wagner (Phillip) and Rachel Ann Patch (Patch), siblings, were convicted of several crimes arising from an altercation with employees of a store. Their brother, Jerry Wagner (Jerry), who is not a party to this appeal, was also involved. Phillip and Patch appeal, claiming (1) they were improperly convicted of both assault with a deadly weapon and assault by means of force likely to produce great bodily injury arising from the same acts, (2) there is insufficient evidence to support their assault convictions, and (3) instructional error.
We agree Phillip and Patch were improperly convicted of both assault with a deadly weapon and assault by means of force likely to produce great bodily injury arising from the same acts. We reject their remaining contentions.
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