P. v. Craig CA1/5
Lynard Adam Craig (Craig) appeals from a judgment of conviction and sentence imposed after a jury found him guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) for driving a pickup truck at several children. He contends the court’s instruction on assault with a deadly weapon was erroneous, because the instruction may have allowed the jury to conclude incorrectly that the truck was an inherently deadly weapon. He also contends the court should have instructed on the lesser-included offense of simple assault and should have given an unanimity instruction. Lastly, he argues that the matter should be remanded to the trial court to determine his ability to pay court-ordered fines and fees. We will affirm the judgment.
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