State v. Gutierrez

OPINION

HOWARD, Chief Judge.

Appellants and their brother, Raul, were each charged with two counts of assault with a deadly weapon as a result of a barroom brawl. The jury found Raul not guilty of both charges, while appellants were found guilty of assaulting Donald Pepin with a deadly weapon and guilty of aggravated assault of Vincent Alfano. Appellants were placed on probation and claim *208that their convictions should be reversed because of their joint representation by one attorney. They also assert that they could not be convicted of aggravated assault since it is not a lesser included…