Ruling by
Marsha G. SloughLower Court
Riverside County Superior CourtLower Court Judge
James S. HawkinsCourt
California Courts of Appeal 4DCA/2Cite as
2021 DJDAR 13049Published
Dec. 27, 2021Filing Date
Dec. 23, 2021Opinion Type
ModificationDisposition Type
Vacated (in whole or part)Case Fully Briefed
Oct. 29, 2020THE PEOPLE,
Plaintiff and Respondent,
v.
CHARLES KENNETH WAXLAX,
Defendant and Appellant.
No. E074347
(Super.Ct.No. INF1600362)
California Courts of Appeal
Fourth Appellate District
Division Two
Filed December 23, 2021
ORDER MODIFYING OPINION
AND DENYING PETITION FOR
REHEARING
[NO CHANGE IN JUDGMENT]
The petition for rehearing is denied. The opinion filed in this matter on December 9, 2021, is modified as follows:
In the first sentence of the last paragraph on page 13, add the words "base term" before the word "punishment" so that the sentence reads as follows:
On balance, given the history of section 245, the legislative history of the 2011 amendment, and the fact that force-likely and deadly weapon assault carry the same base term punishment, we conclude they are different statements of the same offense when they are based on the same criminal act.
Except for this modification, the opinion remains unchanged. The modification does not affect a change in the judgment.
SLOUGH
J.
We concur:
McKINSTER
Acting P. J.
MENETREZ
J.
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