P. v. Chernobieff
A jury convicted defendant Nicholas Chernobieff of attempted murder of Officer Michael Easter while knowing the officer was in the performance of his duties (Pen. Code, 187, subd. (a), 664, subd (e) count one); assault on Officer Easter ( 245, subd. (c) count two), as well as the included offense of assault in violation of section 245, subdivision (a)(1); conspiracy to commit grand theft ( 182, subd. (a)(1), 487 count three, possession of a check with intent to defraud ( 475, subd. (b) counts four), second degree burglary ( 459 count five), possession of methamphetamine for sale (Health & Saf. Code, 11378 count six), and transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a)). On appeal, defendant contends (1) the trial courts exclusion of his proffered expert testimony and the courts refusal to permit him to cross examine Detective Goucher on his use of lethal force denied him due process; (2) the court improperly admitted testimony regarding defendants arrest in an pending case in Yolo County; (3) cumulative prejudice amounted to a denial of due process; (4) conviction of both the greater and the lesser included offense in count two requires reversal and dismissal of the lesser included offense; and (5) use of aggravating factors to impose sentence without submission of those factors to a jury requires reversal of his sentence. Court find merit only in defendants fourth contention and otherwise affirm the judgment.
Comments on P. v. Chernobieff