P. v. HernandezCA4
Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gilette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, and A. Natasha Cortina, Sean M. Rodriguez and Stacy Tyler, Deputy Attorneys General, for Plaintiff and Respondent.
San Bernardino County Sheriff’s Deputy Paul Casas responded to a house belonging to defendant Antonio Hernandez to investigate a report that defendant had been in an altercation with his neighbor. When the sheriff’s deputy arrived, defendant was intoxicated, belligerent and refused to cooperate. Defendant pushed his wife and Deputy Casas attempted to arrest him. Defendant hit the sheriff’s deputy several times with a cane he was using because of recent knee surgery.
Defendant was convicted of assault with a deadly weapon and by force likely to produce great bodily injury on someone who he should have known or knew was a peace officer engaged in the performance of his duties (Pen. Code, § 245, subd. (c)).[1] Defendant was placed on three years of formal probation and was to serve 180 days in the San Bernardino County jail on a work release program.
Defendant now contends on appeal that the evidence was insufficient to support his conviction for assault on a peace officer, or in the alternative, the trial court’s failure to sua sponte instruct the jury with a lesser included offense of non-aggravated assault with a deadly weapon requires reversal.
We affirm the judgment.
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