P. v. Sun CA2/1
A jury convicted defendant and appellant Rui Jun Sun of one count of assault with a deadly weapon and one count of criminal threats. (Pen. Code, §§ 245, subd. (a)(1), 422.) The jury also found that Sun used a deadly weapon in commission of the criminal threats offense. (§ 12022, subd. (b)(1).) Sun contends that the trial court erred by failing to instruct the jury sua sponte on the lesser included offense of attempted criminal threats. We reject this contention and affirm the judgment.
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