P. v. Alvarez CA2/7
A jury convicted Jesus Alvarez of assault with a deadly weapon and throwing an object at a vehicle with the intent to cause great bodily injury. He appeals the judgment arguing the trial court committed reversible error when it denied his second motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) without a hearing. He also asserts the court erred by improperly instructing the jury on the count for assault with a deadly weapon. The People concede the court erred but argue the errors were harmless. We affirm.
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