P. v. Fredrickson
On September 8, 2005, a jury found Erik Russell Fredrickson (defendant) guilty of one count of assault with a deadly weapon in violation of Penal Code[1]section 245, subdivision (a)(1). In a bifurcated trial, the court found true the allegation that defendant had two prior felony convictions for which he had served prison time under section 667.5, subdivision (b). The trial court sentenced defendant to three years for the assault charge and one year each for the two prior felony convictions, totaling five years in state prison. Defendant appeals, contending (1) the evidence is insufficient to sustain the jurys verdict because defendant did not commit an assault and never used the vehicle as a deadly weapon, and (2) the trial court committed prejudicial error in failing to instruct the jury on the lawfulness of a condition in the crime of assault by conditional threats. Court reject both of these contentions.
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