P. v. Soria
During the dark of a summer night, defendant Eleazar Calderon Soria fired on police officers who were called to investigate a disturbance he had caused. Convicted of assault with a firearm on a peace officer, along with other crimes and enhancements, and sentenced to an aggregate term of 48 years in state prison, defendant appeals.
Defendants two contentions on appeal are that (1) the evidence was insufficient to sustain the convictions for assault with a firearm on a peace officer and (2) the trial court erred by not instructing the jury on brandishing a weapon as a lesser included offense of assault with a firearm on a peace officer. Court conclude that (1) drawing all reasonable inferences in favor of the convictions, the evidence was sufficient to sustain the conviction for assault with a firearm on a peace officer and (2) brandishing a weapon is not a lesser included offense of assault with a firearm on a peace officer.
We therefore affirm.
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