P. v. Lopez CA2/7
A jury convicted Abraham Lopez of first degree murder, multiple counts of aggravated assault, one count of false imprisonment and two counts of possession of a weapon on a secondary school campus. On appeal Lopez contends the court made several evidentiary and instructional errors, including admitting into evidence the murder victim’s extrajudicial statements, excluding a defense expert’s proffered testimony on adolescent brain development, providing inapplicable jury instructions and failing to instruct the jury on simple assault, a lesser-included offense of assault with a deadly weapon on a peace officer. Lopez also contends the People presented insufficient evidence in their case-in-chief that the airsoft gun he brought to his high school was capable of expelling a metallic projectile and the court erred in denying his motion for acquittal on that count. We reverse Lopez’s conviction for bringing and/or possessing the airsoft gun on a school campus and affirm the judgment
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