How have courts interpreted the definition of assault with a deadly weapon in the context of CALCRIM No. 875?
California, United States of America
The following excerpt is from People v. Villagrana, B220061, Los Angeles County Super. Ct. No. NA071730 (Cal. App. 2011):
Defendant failed to object to or seek clarification of the trial court's express statement that it would use CALCRIM No. 875 to define assault with a deadly weapon. Given that omission the claim was not preserved for appellate review and is forfeited. (See People v. Cleveland(2004) 32 Cal.4th 704, 705; People v. Palmer (2005) 133 Cal.App.4th 1141, 1156.)
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