People v. Saavedra CA4/3

FACTS

Defendant hit his younger brother with a baseball bat during an argument. One witness saw defendant thrust the bat towards his brother’s chest two times. Another witness watched defendant strike his brother with a bat three times in the middle of his body, using a swinging motion while his brother was on the ground. Defendant’s brother sustained “[t]wo fractures to his left jawbone, swelling to his face and cheeks, a bruise to his right shoulder, bruising to his left ribcage and bruising to his pelvis.” Defendant told the responding officer he did not use a bat and only punched his brother. During his interview at the police station, defendant again denied hitting his brother with the bat and said he had just punched him enough times to knock him out.

DISCUSSION

Defendant argues he cannot be convicted of both assault with a deadly weapon and assault by means of force likely to produce great bodily injury because both involve “[t]he single act of assault with the baseball bat.” We disagree. Under section 954, “‘[a]n accusatory pleading may charge . . . different statements of the same offense’ and ‘the defendant may be convicted of any number of the offenses charged.’”…