P. v. Kenyon
Defendant Gerald Lee Kenyon pled no contest to several charges related to a drunk driving incident, and a jury found him guilty of assault with a deadly weapon on a peace officer and driving with a willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer. The court sentenced him to a total term of 13 years 8 months in state prison. On appeal, defendant contends the trial courts failure to instruct the jury sua sponte on the defense of accident was reversible error as to the assault conviction. In the alternative, defendant contends his trial counsel was ineffective for failing to request an accident instruction. Finally, defendant argues the sentence for the felony evasion conviction must be stayed because his intent in assaulting the officer was the same as his intent in attempting to evade the officers. Court affirm the judgment.
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