Error and/or relief
The conviction on count 2 must be reversed because it is a lesser included offense of count 1.
First Holding:
The law prohibits simultaneous convictions for both a greater offense and a lesser offense necessarily included within it, when based on the same conduct. When the jury expressly finds defendant guilty of both the greater and lesser offense the conviction of the greater offense is controlling, and the conviction of the lesser offense must be reversed.
Authority:
People v. Milward (2011) 52 Cal.4th 580, 589
Second Holding:
Assault with a firearm is a lesser included offense of assault with a semi-automatic firearm. Accordingly, the defendant’s conviction for assault with a firearm must be reversed
Authority:
People v. Martinez (2012) 208 Cal.App.4th 197, 199