People v. Prater

Opinion

FRANSON, J.

Appellant stands convicted following a trial by jury of two counts of assault with a deadly weapon on separate victims. The jury further found that appellant used a firearm in the commission of the assaults.

At sentencing, appellant waived formal arraignment for judgment. He was sentenced to state prison on each count, the sentences to run concurrently.

The facts upon which the convictions rest are as follows: On October 17, 1975, appellant entered the Whitesbridge Bar in Fresno County shortly after 9 p.m. He stayed there a couple of hours and had several drinks. During the…