People v. Willard CA4/1

I.

INTRODUCTION

Defendant Joshua Antonio Willard appeals from a judgment of conviction after a

jury convicted him of four counts (and multiple lesser included offenses as to one of the

counts) related to two separate incidents in which Willard, who was incarcerated at the

time, attacked two fellow inmates with the intention of committing foreign object

penetration.

Willard first contends that his convictions on two of the four counts must be

reversed because those two counts are duplicative of other counts on which he was

convicted. Willard contends, in the alternative, that his conviction on count 4 for assault

with the intent to commit foreign object penetration must be reversed because the jury

acquitted him of the lesser included offense of attempted foreign object penetration as to

the same victim. Finally, Willard contends that his conviction on count 1 for assault with

the intent to commit foreign object penetration must be reversed because the jury

acquitted him of the lesser included offense of attempted foreign object penetration as to

the same victim in its verdicts pertaining to count 4. He argues that because counts

and 4 are duplicative, the…