 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Finney9/29/1980
. Rptr. 529, 457 P.2d 321]; People v. Reyes (1974) 12 Cal. 3d 486, 496-497 [116 Cal. Rptr. 217, 526 P.2d 225].) Under this substantial evidence test, the reviewing court must view the evidence in a light most favorable to the People and must draw all reasonable inferences in support of the verdict. (People v. Culver (1973) 10 Cal. 3d 542, 548 [111 Cal. Rptr. 183, 516 P.2d 887].) The recent United States Supreme Court case of Jackson v. Virginia (1979) 443 U.S. 307 [61 L.Ed.2d 560, 99 S.Ct. 2781] does not compel a more
stringent standard of review. (In re Frederick G. (1979) 96 Cal. App. 3d 353, 365 [157 Cal. Rptr. 769].)
Here, ample evidence supports the jury findings that defendant assaulted Officers Peterson and McDade with a deadly weapon in violation of Penal Code section 245, subdivision (b). Defendant's continuous course of conduct in repeatedly ramming well-marked patrol cars while otherwise avoiding civilian vehicles strongly supports the jury's implied finding of the general intent required for an assault; merely because such evidence may not be inconsistent with mere recklessness does not compel an inference thereof. (People v. Rocha, supra, 3 Cal. 3d 893.)
Defendant's contention that he had a right to defend himself because the officers acted in excess of their authority cannot be supported on appeal. The jury was entitled to disbelieve defendant's testimony and conclude that the officers used the minimum force necessary in the performance of their duty to arrest defendant. Indeed, the overwhelming evidence reveals defendant was the one who, at every juncture, escalated the amount of force necessary to effect his arrest.
VII
Defendant claims an error in the computation of behavior and participation credits attributable to his presentence time in local custody. (People v. Sage (1980) 26 Cal. 3d 498 [165 Cal. Rptr. 280, 611 P.2d 874].) If so entitled, the computation of such conduct credits is, with respect to a defendant who has already been sentenced, an administrative function to be performed by the Department of Corrections. (People v. Sage, supra ; see also Cal. Dept. of Corrections, Admin. Bull. 80/11.)
The judgment is affirmed.
Disposition
The judgment is affirmed.
Judges Footnotes
Page 1 2 3 4 5 6 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|