P. v. Cody
Filed 5/24/06 P. v. Cody CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. KEVIN CHARLES CODY, Defendant and Appellant. | G035758 (Super. Ct. No. 05WF0100) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County,
M. Marc Kelly, Judge. Affirmed.
Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Kristen K. Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.
Kevin Cody contends his conviction for assault with a deadly weapon should be reversed for insufficient evidence. We disagree and affirm the judgment.
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After moving out of his girlfriend's apartment, Cody returned a few days later to get some of his belongings. While he was there, his girlfriend's daughters came home and asked where their mother was. Cody said she wasn't there and proceeded to get into a heated argument with the girls. At one point, neighbor Roxanne Scudiero called the apartment, but Cody hung up on her, so she walked over to see if her daughter was there. Cody greeted her with a barrage of profanities and ordered her to leave. He then grabbed a kitchen knife and said, â€
