What is the effect of reducing a conviction for an assault conviction by reducing it to an attempt to violate section 236.1(c) of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Shields, 23 Cal.App.5th 1242, 233 Cal.Rptr.3d 701 (Cal. App. 2018):
this conviction by reducing it to an attempt to violate section 236.1(c). (See People v. Robinson (2016) 63 Cal.4th 200, 211, 202 Cal.Rptr.3d 485, 370 P.3d 1043 ["[W]hen a reviewing court modifies a conviction to reflect a lesser included offense, it is not empowered to make additional factual findings. It may only conform the verdict to the facts as found by the jury."].)
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