P. v. Vancamp CA4/2
Defendant Cody Ross Stone Vancamp appeals from his convictions for felony simple assault, a lesser included offense of assault with a deadly weapon, which the court reduced to misdemeanor battery at sentencing, and misdemeanor vandalism. The victim told a deputy sheriff that defendant struck her with his hands multiple times, hit her in the face with a flashlight, and pushed her onto the floorboard of her vehicle and held her there. Defendant argues the trial court erred by not instructing the jury, sua sponte, that it had to unanimously decide which of the above acts constituted simple assault. In addition, defendant argues his trial attorney rendered constitutionally ineffective assistance of counsel by not requesting the trial court give a unanimity instruction to the jury. We find no error.
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