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People v. Fuller
California Court of Appeal
53 Cal. App. 3d 417 (1975)
- Written by Rich Walter, JD
Facts
Gary Charles Fuller (defendant) shot and wounded Phillip Gray with a shotgun. The State of California (plaintiff) successfully prosecuted Fuller in municipal court on misdemeanor charges of assault with a deadly weapon and battery. However, California law provided that if a single incident involves multiple crimes, the defendant can be punished only for the single most serious crime. Thus, on appeal, the county appeals court tossed out Fuller’s assault conviction and preserved only Fuller’s conviction for battery. The state appealed to the California Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Compton, J.)
Concurrence (Fleming, J.)
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