Can a jury still convict a defendant of assault with a deadly weapon for assault with intent?

felony of assault with a deadly weapon. The jury was instructed with CALCRIM No. 875 on the elements of the crime, assault with a deadly weapon, and given the general intent instruction, CALCRIM No. 250, on the union of the criminal act and wrongful intent. There thus was no instructional error or due process violation. (People v. Poroj, supra, 190 Cal.App.4th at p. 176.)

Furthermore, even if there was instructional error, it was not prejudicial. The only way the jury could have believed defendant did not intend to inflict GBI was if the jury found defendant acted in self-defense. However the jury necessarily rejected that defense by convicting defendant of assault with a deadly weapon. Therefore any error in not instructing on GBI intent was harmless beyond a reasonable doubt. (People v. Brenner (1992) 5 Cal.App.4th 335, 339.)

The judgment is affirmed.