P. v. Goddu
Appellant Alan Roger Goddu appeals from a judgment of conviction. A jury convicted Goddu of one count of assault with a deadly weapon (Pen. Code,[1] 245, subd. (a)(1)) arising from an incident in which Goddu pointed a flare gun at an off-duty law enforcement officer after Goddu entered the officer's lane while making a wide right turn and the officer swerved and accelerated to avoid colliding with Goddu's vehicle. On appeal, Goddu challenges the sufficiency of the evidence to support his conviction. Specifically, Goddu argues that the evidence was insufficient to prove that the flare gun constituted a "deadly weapon" under the statute. According to Goddu, the evidence did not establish that the flare gun Goddu possessed "was capable of producing and likely to produce, death or great bodily injury." (Italics omitted.)
Court conclude that there is sufficient evidence to support the jury's finding that the flare gun Goddu pointed at the victim was a "deadly weapon" under the circumstances presented here. Court therefore affirm the judgment.
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