P. v. Sanner
jury found defendant Gerald D. Sanner guilty of assault with a deadly weapon, and by means of force likely to produce great bodily injury (count 1, Pen. Code, 245, subd. (a)(1)); and hit and run involving injury (count 2, Veh. Code, 20001, subd. (a), (b)(1)). As to count 1, the jury found true an allegation that Sanner personally used a deadly weapon within the meaning of Penal Code section 1192.7, subdivision (c)(23). The trial court granted Sanner probation on the condition he serve 180 days in jail, stayed for one year.
The sole issue on appeal is whether the court erred by not instructing the jury sua sponte on the defense of mistake of fact, as substantial evidence shows Sanner mistakenly believed he needed to strike the victim with his SUV and to leave the scene immediately to protect himself from being harmed by the victim and his brother-in-law. Sanner contends the court's instructions on self-defense were inadequate because the right of self-defense is limited to the use of reasonable force, and the mistake of fact defense would allow the use of excessive force. Court affirm the judgment.
Comments on P. v. Sanner