People v. Chavez

In People v. Chavez (1968) 268 Cal. App. 2d 381, the defendant was charged with "assault with a deadly weapon, a violation of Penal Code section 245." (Chavez, supra, at p. 382.) He was found guilty of assault by means of force likely to produce great bodily injury. The facts revealed that defendant had either hit his victim in the side of the face with a machete or punched him with his fist. The court stated that even if the defendant only struck the victim with his fist, the evidence supported a conviction of aggravated assault. (Id. at pp. 383-384.) The reviewing court discussed the fact that section 245 may be violated in either of two ways and concluded that any variance between the charge and the conviction was immaterial. (Chavez, supra, at pp. 385-386.)