California Court of Appeal October 17, 2012, No. B233877 (People v. Brown)

Opinion

PERLUSS, P. J.

Quamie Brown was convicted following a jury trial of two counts of assault with a deadly weapon. On appeal Brown contends the guilty verdicts for aggravated assault, as opposed to the lesser included offense of simple assault, are not supported by substantial evidence and the court committed prejudicial error in instructing the jury with the erroneous definition of “deadly