P. v. Schieffer
Defendant Andrea Schiefer was convicted of assault with a deadly weapon and corporal injury to a spouse after participating in an attack on her husband. In an attempt to pull from defendants husband a backpack that he was holding, the husband was attacked by defendant and her codefendant. With the codefendant inflicting blows with a skateboard and defendant striking him, the husband was rendered unconscious.
Although defendant does not challenge the assault conviction, she contends that there was insufficient evidence to support her conviction for corporal injury to a spouse under Penal Code section 273.5, because (1) there is no evidence she personally violated section 273.5, and (2) she cannot be found guilty on a theory of aiding and abetting the primary assailant, who had no spousal relationship with her husband and therefore did not violate section 273.5. Because Court conclude that she could be convicted of aiding and abetting the primary assailant, Court affirm.
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