California Court of Appeal
People v. Milward, C058326
Conviction of defendant for assault with a deadly weapon and assault by a life prisoner with a deadly weapon is affirmed where: 1) defendant was properly convicted of both offenses as, under current statutes, a life prisoner can commit an assault with a deadly weapon in violation of section 4500 without committing an assault with a deadly weapon in violation of section 245(a)(1), as the latter is not included in the former, and Noah no longer provides binding interpretation; and 2) a jury instruction, CALCRIM No. 875, is incomplete and should be clarified.
Appellate Information
- Decided 03/22/2010
- Published 03/22/2010
Judges
Court
- California Court of Appeal