P. v. Patzer
Defendant Jonathon Patzer appeals from his conviction of assault with a deadly weapon (Pen. Code,[1] 245, subd. (a)(1)), and failure to obey the lawful order of a peace officer (Veh. Code, 2800). Defendant contends: (1) the trial courts instruction to the jury on the requisite intent for assault with a deadly weapon was erroneous and unconstitutional; (2) the trial courts failure to give a necessity instruction rendered the trial unfair; (3) the trial court had a sua sponte duty to define lawful order in its instructions; and (4) cumulative instructional error warrants a reversal. Court find no reversible error and we affirm the judgment.
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