California v. Aguayo
Annotate this CaseOn the afternoon of August 8, 2017, 43-year-old Veronica Aguayo was working on her bicycle in her parents' yard. Her 72-year-old father (Father) turned on the sprinklers to water the plants, accidentally wetting Aguayo's cell phone charger. Aguayo began yelling expletives and insults at Father, who turned around to go back inside. As he turned away, Aguayo hit him on the back with her bicycle lock and chain. Father grabbed the lock to prevent Aguayo from hitting him again, but as they struggled over the lock, Father slipped and let go of the chain. Aguayo then hit Father with the chain and lock about 15 times on the arms, chest, and head. Father again grabbed the lock, and during a struggle for possession, Aguayo fell to the ground, pulling Father with her. A jury found her guilty of assault with a deadly weapon other than a firearm and assault by means of force likely to produce great bodily injury (force-likely assault). The trial court placed her on probation. On appeal, Aguayo contended the Court of Appeal had to vacate her conviction for force-likely assault because it was a lesser included offense of assault with a deadly weapon. The Court rejected this contention, and affirmed.
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