P. v. Chaney CA2/7
A jury convicted Ernestine Chaney (Chaney) of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) after she attacked but did not injure her mother with a knife. She argues that the court erred by denying her motion for judgment of acquittal at the close of the People’s case and that substantial evidence does not support the verdict. She also argues the court erred by instructing the jury with a pattern jury instruction on assault with a deadly weapon without modification and by failing to instruct the jury sua sponte on the misdemeanor crime of drawing or exhibiting a deadly weapon, other than a firearm, in a rude, angry, or threatening manner, commonly referred to as misdemeanor brandishing. She also contends her trial counsel provided ineffective assistance by failing to introduce portions of the transcript of the preliminary hearing that she now characterizes as “favorable” but were contrary to her defense at trial.
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