Waxlax

Filed 12/23/21 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

COURT OF APPEAL -- STATE OF CALIFORNIA

FOURTH DISTRICT

DIVISION TWO

THE PEOPLE, E074347

Plaintiff and Respondent, v. (Super.Ct.No. INF1600362)

CHARLES KENNETH WAXLAX,

Defendant and Appellant. ORDER MODIFYING OPINION

AND DENYING PETITION FOR

REHEARING

[NO CHANGE IN JUDGMENT] _______________________________________

The petition for rehearing is denied. The opinion filed in this matter on December 9, 2021, is modified as follows:

In the first sentence of the last paragraph on page 13, add the words “base term” before the word “punishment” so that the sentence reads as follows:

On balance, given the history of section 245, the legislative history of the 2011 amendment, and the fact that force-likely and deadly weapon assault carry the same base term punishment, we conclude they are different statements of the same offense when they are based on the same criminal act.

Except for this modification, the opinion remains unchanged. The modification does not affect a change in the…