P. v. Tatro CA4/2
A jury convicted defendant and appellant, Timothy Joseph Tatro, of assaulting his neighbor, G.S., with a deadly weapon, namely, a pipe (Pen. Code, § 245, subd. (a)(1); count 1), but acquitted defendant of making a criminal threat against G.S. (§ 422, subd. (a); count 2). The court placed defendant on three years’ probation, subject to terms and conditions, including that he serve 270 days in jail.
Defendant appeals, claiming insufficient evidence supports his assault with a deadly weapon conviction. He argues the record contains insufficient evidence that the “pipe,” or similar object he used during the assault, was a deadly weapon “‘capable of producing and likely to produce, death or great bodily injury.’” (People v. Aguilar (1997) 16 Cal.4th 1023, 1029.) He claims the conviction must be reduced to simple assault. (§ 240.) We disagree. Substantial evidence shows the three-foot long, one-inch diameter pipe or similar object was capable of producing, and lik
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