P. v. Lopez
Eduardo Cervantes Lopez appeals his conviction by jury of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))[1] with special findings that he personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)) and committed the assault for the benefit of or in association with a criminal street gang (§ 186.22, subd. (b)). Appellant admitted two prior prison term enhancements (§ 667.5, subd. (b)) and was sentenced to eight years state prison. Appellant contends that the trial court erred in not giving a Hecker instruction (People v. Hecker (1895) 109 Cal. 451) on the use of deadly force to repel a sudden and perilous threat by an opponent in a fist fight. We affirm.
Comments on P. v. Lopez