P. v. Castillo
A jury convicted Marlon Jaime Castillo of three counts of assault with a semiautomatic firearm (Pen. Code, 245, subd. (b); all statutory references are to this code unless noted) and possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)). Castillo challenges the sufficiency of the evidence to support the verdict and argues he was entitled to an instruction on brandishing a firearm ( 417, subd. (a)(2)), as a lesser included offense to assault with a semiautomatic firearm. He also contends the trial courts comments during defense counsels cross-examination of key prosecution witnesses constituted misconduct. Court agree with the latter contention and therefore reverse the judgment.
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