P. v. Thrower
Filed 6/30/06 P. v. Thrower CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. EMMETT FITZGERALD THROWER, Defendant and Appellant. |
A109938
(Solano County Super. Ct. No. FCR195619) |
In this appeal, Emmet Fitzgerald Thrower challenges his convictions for assault by means of force likely to inflict great bodily injury and for inflicting corporal injury on a cohabitant. (Pen. Code, §§ 245, subd. (a)(1), 273.5, subd. (a).)[1] Thrower contends that the evidence presented at trial was legally insufficient to show that he used force likely to inflict great bodily injury and that, therefore, his assault conviction cannot be sustained. He contends his conviction for inflicting corporal injury on a cohabitant must be overturned because the trial court had a sua sponte duty to instruct the jury on the definition of the phrase â€
