P. v. Rodriguez CA6
Defendant Orlando Rodriguez was convicted by jury of assault with a deadly weapon. The assault charge stemmed from an incident at a public library where defendant placed another patron in a choke hold and held a knife near the victim’s face. Defendant argues on appeal that the trial court should have instructed on brandishing as a lesser included offense of assault with a deadly weapon, and that the failure to instruct violated his due process right to present a defense. Defendant also contends the trial court erred by summarily denying his petition for disclosure of jurors’ identifying information, contending he needed the information to determine whether jurors improperly experimented with the knife allegedly used in the assault. Finding no error, we will affirm the judgment.
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