Can a defendant appeal his conviction for assault by means of force likely to produce great bodily injury?
California, United States of America
The following excerpt is from People v. Reid, C086430 (Cal. App. 2018):
Defendant contends the trial court erred in sentencing him for assault by means of force likely to produce great bodily injury because he cannot be convicted of violating both subdivision (a)(1) and (4) of section 245. Relying on People v. Brunton (2018) 23 Cal.App.5th 1097, defendant argues assault with a deadly weapon and assault by force likely to produce great bodily injury are not separate offenses but instead constitute different ways of committing the same offense. According to defendant, he committed a single assault and may be convicted of and sentenced to only one violation of section 245.
Absent the issuance of a certificate of probable cause, on appeal a defendant may only challenge the denial of a motion to suppress evidence or postplea issues not undermining the validity of the plea. (People v. Panizzon (1996) 13 Cal.4th 68, 74.) Section 1237.5 should be applied in a "strict manner" and a defendant "may not obtain
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