Prater

Appellant stands convicted following a trial by jury of two counts of assault with a deadly weapon on separate victims. The jury further found that appellant used a firearm in the commission of the assaults.

At sentencing, appellant waived formal arraignment for judgment. He was sentenced to state prison on each count, the sentences to run concurrently.

The facts upon which the convictions rest are as follows: On October 17, 1975, appellant entered the Whitesbridge Bar in Fresno County shortly after 9 p.m. He stayed there a couple of hours and had several drinks. During the evening he was joined at the bar by Sherman Hall. Appellant and Hall engaged in conversation for 45 minutes or an hour at which time Hall spilled his drink on appellant.

Appellant left the bar. He went out to the car and got his gun (a .380 automatic) and ammunition clip which were lying on the front seat. He . then reentered the bar and shot Hall once in the abdomen.

The bullet passed through Hall and hit Earl Ratchford, who was seated at the bar.

Appellant left the bar, got into his car and drove to his sister’s house. A few minutes later the police arrived and placed appellant under…