A unified appellate panel vacated an assault conviction from the courtroom of Riverside Superior Judge James Hawkins, stating that it was a dual conviction in violation of California Penal Code Section 954. The decision does not change the appellant’s sentencing.
Appellant Charles Waxlax was sentenced to 11 years in prison for the March 27, 2015 stabbing of his former friend, Erik Kimbler, in the parking lot of the Palm Desert bar the Red Barn at 1:45 a.m., according to the appellate ruling.
Waxlax claimed he thought he was being robbed, acted in self defense, and accidentally stabbed Kimbler. Kimbler’s friend asked through Waxlax’s car window where Kimbler’s money
