California Court of Appeal

The trial court properly refused to instruct on the defense of necessity to a firearms assault charge, and substantial evidence supported a conviction for assault with a semiautomatic firearm. Trial court also properly declined to instruct on the lesser included offense of assault with a deadly weapon.

Appellate Information

• Decided 12/11/2002
• Published 12/11/2002

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Dale Dombkowski, by appointment of the Court of Appeal, San Francisco, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, John A. O'Sullivan, Supervising Deputy Attorney General, Janine R. Busch, Deputy Attorney General, for Plaintiff and Respondent.