P. v. Windley
A jury found defendant and appellant James Windley, Jr. guilty of three counts of assault with a firearm on a peace officer and of first degree residential burglary. On appeal, he contends that the assault convictions must be reversed because (1) there is insufficient evidence of either his intent to shoot his gun or that he knew one of the victims was a peace officer; (2) the prosecutor committed misconduct by misstating the law on intent; and (3) the trial court misinstructed the jury on the law of assault. He also contends that the trial court abused its discretion by denying his Pitchess[1] motion as to one of the three peace officers he assaulted, and he asks us to independently review the in camera hearing concerning the records of the other two officers. We conditionally reverse the judgment and remand so that the trial court can conduct an in camera hearing under Pitchess, and we modify the judgment to correct a sentencing error.
Comments on P. v. Windley