Aguayo
People v. Aguayo
Opinion
Opinion
Jenkins, J.
Opinion of the Court by Jenkins, J.
After a physical altercation with her father, defendant Veronica Aguayo was charged with and convicted of both assault with a deadly weapon other than a firearm (Pen. Code,1 § 245, subd. (a)(1)), and assault by means of force likely to cause great bodily injury (id., subd. (a)(4)). Evidence that defendant hit her father with a bicycle chain and lock supported each aggravated assault conviction. A defendant may be charged in an accusatory pleading with “two or more different offenses connected together in their commission” and “may be convicted of any number of the offenses charged.” (§ 954.) In this regard, “[w]e have repeatedly held that the same act can support multiple charges and multiple convictions.” (People v. Gonzalez (2014) 60 Cal.4th 533, 537 (Gonzalez).) However, if two alleged offenses are “different statements of the same offense” (§ 954), both offenses may be charged based on the same act, but convictions for both cannot stand. (See People v. Vidana (2016) 1 Cal.5th 632, 648 (Vidana).) The issue we confront here is whether “assault upon the person of another with a deadly weapon or instrument other than a firearm” (assault with a…