People v. Chavez

Defendant was charged by information in count I with assault with intent to commit murder, a violation of Penal Code section 217, and in count II, with assault with a deadly weapon, a violation of Penal Code section 245. Defendant pleaded not guilty and waived jury trial. Defendant was found guilty of assault by means of force likely to produce great bodily injury, “a necessarily included offense in count II,” and not guilty of the offense charged in count I. Defendant’s motion for a new trial and probation were denied. Defendant was sentenced to state prison for the term prescribed by law.

The…