P. v. Cast
Filed 5/22/06 P. v. Cast 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. ROBERT HENRY CAST, Defendant and Appellant. | G035584 (Super. Ct. No. 04SF1224) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Susanne S. Shaw, Judge. Affirmed.
Carol E. Lavacot, 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, Rhonda Cartwright-Ladendorf and Raymond M. Diguiseppe, Deputy Attorneys General, for Plaintiff and Respondent.
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INTRODUCTION
A jury convicted defendant Robert Henry Cast of one count of aggravated assault in violation of Penal Code section 245, subdivision (a)(1). (All further statutory references are to the Penal Code.) Defendant contends substantial evidence did not support the jury's finding that he used his car as a deadly weapon within the meaning of section 245, subdivision (a)(1). We disagree and affirm.
FACTS[1]
At 11:30 a.m. on September 13, 2004, David Farr was getting ready to back his car out of his driveway when defendant stopped his car in the street and told Farr that something red was coming out of the tailpipe of Farr's car. Farr had never seen defendant before and did not know who he was. Farr looked to see if anything was coming out of his tailpipe and saw nothing. He told defendant nothing red was coming out of the tailpipe. Defendant drove away slowly. Farr got back inside his car, backed it out of the driveway, and began driving out of his neighborhood toward the freeway.
As Farr was driving toward the freeway, he saw that defendant was driving in front of him. He then saw defendant make a U‑ turn and get behind Farr's car. As Farr continued to drive toward the freeway, defendant â€
