Can a defendant appeal his conviction for assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Cromer, E069960 (Cal. App. 2019):
Defendant insists, relying upon People v. Aledamat (2018) 20 Cal.App.5th 1149, review granted July 5, 2018, S248105 (Aledamat), that his conviction of assault with a deadly weapon must be reversed due to instructional error. Defendant contends the trial court instructed the jury with a legally incorrect theory when it instructed the jury with CALCRIM No. 875. Since the jury was presented with a legally incorrect theory, that an
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