P. v. Ney
Filed 8/3/06 P. v. Ney CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JOHN NORMAN NEY, Defendant and Appellant. |
F047629
(Super. Ct. No. 121377-04)
OPINION |
APPEAL from a judgment of the Superior Court of Tulare County. Joseph Kalashian, Judge.
Jean M. Marinovich, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Catherine G. Tennant, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
In this case of parking lot road-rage, defendant was convicted of three counts of assault with a deadly weapon on a peace officer (Pen. Code,[1] § 245, subd. (c); counts 3, 6, & 7), one count of the lesser included offense of misdemeanor assault on a peace officer (§ 241, subd. (b); count 2), and one count of evading a peace officer with willful disregard (Veh. Code § 2800.2, subd. (a); count 5).[2] The jury acquitted defendant on one count of attempted first degree murder (§ 664/187; count 1) and one count of assault with a deadly weapon on a peace officer. (§ 245, subd. (c); count 4). The court sentenced defendant to a total prison term of seven years eight months.
On appeal, defendant claims (1) there was insufficient evidence to support his conviction for assaulting Officer Smith at the accident scene (count 6); (2) the court abused its discretion in admitting evidence of a derogatory writing about police officers entitled â€
