PEOPLE v. BANUELOS

No. D039050.

131 Cal.Rptr.2d 639 (2003)

106 Cal.App.4th 1332

The PEOPLE, Plaintiff and Respondent, v. Fernando BANUELOS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied April 3, 2003.

Review Denied June 11, 2003.


Attorney(s) appearing for the Case

Scott M. Rand, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steven T. Oetting and Jonathan J. Lynn, Deputy Attorneys General, for Plaintiff and Respondent.


HUFFMAN, Acting P.J.

A jury convicted Fernando Banuelos of assault with a deadly weapon by means of force likely to produce great bodily injury. (Pen.Code,1 § 245, subd. (a)(1).) The jury also found true allegations that Banuelos personally used a deadly weapon in the commission of the assault (§ 1192.7, subd. (c)(23)), and personally inflicted great bodily injury upon the victim, who was not an accomplice of that offense (&...

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