P. v. Taeotui
Linitone Puleali Taeotui brandished a knife at Vaalele Faatiliga and threatened to kill him. A jury found Taeotui guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); subsequent section references are to this code) and making a criminal threat (§ 422, subd. (a)). In a bifurcated proceeding, the trial court found true certain allegations regarding Taeotui's prior convictions and prison terms. The court sentenced Taeotui to prison for an aggregate term of nine years.
On appeal, Taeotui contends the judgment must be reversed because (1) there was insufficient evidence he ever had a present ability to injure Faatiliga with the knife, as required to support the conviction of assault with a deadly weapon; and (2) his trial counsel provided ineffective assistance by failing to request a jury instruction on voluntary intoxication with respect to the charge of making a criminal threat. We reject these contentions and affirm the judgment.
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