People v. McClindon

Opinion

ASHBY, J.

Appellant was charged by information with two counts of violation of Penal Code section 245, subdivision (a), and one count of being a convicted felon in possession of a concealable weapon in violation of Penal Code section 12021. A mistrial was declared as to the first two counts, but appellant was found guilty of violating Penal Code section 12021. Appellant was sentenced to the upper term of three years in state prison. He appeals both the judgment and the sentence.

Statement of Facts

On June 12, 1979, Javier Sykes (Jay), aged 10, and Anthony Lewis (Tony), aged 7, were…