California Court of Appeal

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People v. Golde, C053632

Conviction for assault by means of force likely to produce great bodily injury or with a deadly weapon and sentence enhancement based on a true finding of a prior serious felony conviction is affirmed in part and reversed in part and remanded where: 1) substantial evidence supported defendant's conviction for felony assault; 2) substantial evidence did not support a finding that defendant suffered a prior serious felony "strike" conviction for negligent discharge of firearm; 3) the trial court did not err in failing to instruct the jury on the elements of simple assault as a lesser included offense; and 4) the trial court did not err as to various CALCRIM jury instructions given.

Appellate Information

  • Decided 05/22/2008
  • Published 05/22/2008

Judges

  • SIMS, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Law Office of Richard D. Miggins and Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Michael P. Farrell, Assistant Attorneys General, Janis Shank McLean and Paul A. Bernardino, Deputy Attorneys General, for Plaintiff and Respondent.
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