California Court of Appeal

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People v. Nguyen, 052484

Conviction for aggravated assault on a police officer, Pen. Code section 245(c), based on a situation in which defendant wielded a large knife and took a step toward police officers after the officers ordered him to put the knife down, is affirmed over defendant's claim that the 'present ability' element of the crime was missing, as a matter of law, given the 10-to 15-foot distance between him and the officers at the time of the incident.

Appellate Information

  • Decided
  • Published 2017/05/30

Judges

  • BEDSWORTH

Court

  • California Court of Appeal

Counsel