P. v. Preciado
On August 2, 2009, defendant Anthony Preciado got angry with Michael Brown for what he perceived was flirtatious behavior with defendant's girlfriend. He followed Brown in his car and threw a beer bottle at him that just missed him. Defendant then drove his car at a high rate of speed at Brown, almost hitting him.
Defendant was found guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))[1] for almost hitting Brown with his automobile and of the lesser offense of simple assault (§ 240) for throwing the beer bottle. He was sentenced to three years in state prison.
Defendant now claims as follows:
1. The trial court committed prejudicial error when it excluded evidence of a prior juvenile petty theft arrest to impeach one of the People's witnesses.
2. The trial court erroneously gave a flight instruction (CALCRIM No. 372) to the jury, which was not supported by the evidence.
3. A booking fee under Government Code section 29550 and a presentence probation report fee under Penal Code section 1203.1b were improperly imposed because the trial court failed to determine defendant's ability to pay the fees.
4. This court should strike the no-contact order for defendant to not contact Brown, since defendant was sentenced to state prison.
We affirm the judgment but reverse the no-contact order.
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