P. v. Servantez CA2/5
Defendant Jeffrey Servantez (defendant) swung a knife at a sidewalk cellphone vendor and a jury convicted him of assault with a deadly weapon. Defendant did not object to the instruction the trial court gave the jury on the elements of assault with a deadly weapon, but he now seeks reversal for instructional error. Specifically, we are asked to decide whether the trial court prejudicially erred in giving the jury an instruction that in theory would allow it to find defendant’s knife was an inherently deadly weapon.
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