P. v. Valenzuela CA2/7
A jury convicted Mario Alberto Valenzuela of two counts of attempted premeditated murder and one count each of assault by a prisoner serving a life sentence, assault by means of force likely to produce great bodily injury and battery causing serious bodily injury. On appeal Valenzuela contends the court improperly answered the jury’s question regarding willful intent. Valenzuela also argues his conviction for assault must be reversed because it is a lesser included offense of assault by a life prisoner and remand for resentencing is necessary to allow the trial court to exercise its discretion under new law, effective January 1, 2019, to strike or dismiss the prior serious felony convictions for sentencing purposes. We reverse the conviction for aggravated assault, remand for resentencing and in all other respects affirm.
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