Olmedo

Defendant, Melchor Olmedo, appeals from a judgment entered following a jury trial in which he was convicted of two counts of assault with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The alleged victim in count I is Grady Worthy, and the alleged victim in count II is Michael Davis. Defendant was sentenced to state prison for the middle base of three years on count II, and a consecutive sentence of one year on count I, making a total sentence of four years.

The issues on appeal are: (1) whether the trial court committed prejudicial error in instructing the jury on aiding and abetting; (2) whether the prior conviction of assault with the intent to commit murder involves “readiness to do evil”—i.e., moral turpitude; and (3) whether the trial court committed prejudicial error in taking the position it had no discretion to exclude the use of a prior conviction for impeachment purposes.

For reasons to follow, we conclude that the judgment convicting defendant of two counts of assault with a deadly weapon and by means of force likely to produce great bodily injury must be reversed because the jury did not receive…