People v. Gentry CA1/1

facts necessary to resolve the disputed issue. (Cal. Stds. Jud. Admin., § 8.1; People v. Garcia (2002) 97 Cal.App.4th 847, 851.) Undesignated statutory references are to the Penal Code.

1 he personally used a deadly weapon, a knife (§ 12022, subd. (b)(1)) in the commission of counts 2 and 3. In November 2022, the trial court sentenced Gentry to four years in prison, comprised of the three-year middle term on count 2, plus one year for the deadly weapon enhancement attached to that count. The court imposed concurrent terms on counts 1 and 3, and it struck the remaining enhancements. On appeal, the parties agree Gentry cannot be convicted of counts 1 and 2. They are correct. Assault with a deadly weapon (§ 245, subd. (a)(1)) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)) are “different ways of stating the same offense” and “a defendant may not be convicted of both types of aggravated assault based on the same act or course of conduct.” (People v. Aguayo (2022) 13 Cal.5th 974, 981, 996 (Aguayo); see also § 954.) Here, it is undisputed counts 1 and 2 arise from Gentry’s single act of stabbing the victim in the face. Accordingly, Gentry “may not be…