P. v. Sullivan CA3
A jury found defendant Stefan Franz Sullivan guilty of assault with a deadly weapon. On appeal, defendant contends the trial court erred in instructing the jury using CALCRIM No. 250, which instructs on the required union of act and intent for general intent crimes. The People concede error but maintain it was harmless. We agree with the People.
Defendant also contends the abstract of judgment must be corrected to reflect that his conviction for assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) is not an enumerated “violent felony” under section 667.5, subdivision (c). The People agree and so do we. We will order a corrected abstract and otherwise affirm.
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