P. v. Wills
Filed 8/1/06 P. v. Wills CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE
| THE PEOPLE, Plaintiff and Respondent, v. CHARLES ROBERT WILLS, Defendant and Appellant. | A111102 (Solano County Super. Ct. No. FCR-221175) |
Defendant was convicted following a jury trial of assault upon a peace officer with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (c)), and the trial court subsequently found that he suffered a prior serious felony conviction (Pen. Code, § 667, subds. (b) through (i)).[1] In this appeal defendant complains that the trial court erred by failing to give lesser included offense instructions. We find that instructions on lesser included offenses were not supported by the evidence, and affirm the judgment.
STATEMENT OF FACTS
At 12:45 a.m. on January 4, 2005, Officer Martin of the Dixon Police Department was dispatched to the Denny's Restaurant on Stratford Avenue in Dixon in response to a report of a â€
