P. v. Allen CA4/1
Daniel Allen chased Jason S. with scissors in a public park. Based on this incident, a jury found Allen guilty of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) Allen admitted one prison prior. (Pen Code, §§ 667.5, subd. (b), 668.) The court granted probation conditioned on Allen serving 365 days in local custody.
Allen contends: (1) the evidence was insufficient to show the intent element of the assault crime and that the scissors were used as a deadly weapon; (2) the court abused its discretion in excluding evidence that Jason had pepper-sprayed an unrelated third party several weeks earlier; and (3) the prosecutor engaged in prejudicial misconduct during closing arguments. We find no prejudicial error and affirm.
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