California Court of Appeal

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In re Brandon T., B220588

Juvenile Court's finding true a felony charge that minor committed the crime of assault with a deadly weapon in violation of Penal Code section 245(a)(1) is reversed where there is insufficient evidence demonstrating that minor committed assault with a deadly weapon because he did not use the butter knife in a manner capable of producing and likely to produce death or great bodily injury. Instead the matter is adjudicated as a simple assault, a misdemeanor offense.

Appellate Information

  • Decided 01/24/2011
  • Published 01/24/2011

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  • California Court of Appeal

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