TOBRINER, J.
An information charged Tiny Odom with assault with intent to commit murder against James Lynn Maxwell. After a trial before a jury, the Kern County Superior Court convicted defendant of the lesser, but necessarily included, offense of assault with a deadly weapon. (Pen. Code, § 245.) After denying defendant's request for probation, the trial court entered judgment and sentenced defendant to state prison for the term prescribed by law (10 years maximum...
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