People v. Colantuono

Opinion

ARABIAN, J.

In this case we determine whether the trial court properly instructed the jury on assault and assault with a deadly weapon (Pen. Code, §§ 240,245). To do so, we again analyze the intent or mental state necessary to establish these offenses and “hopefully eliminate the contusion on this issue which has developed throughout the courts of this state.” (People v. Rocha (1971) 3 Cal.3d 893, 896 [92 Cal.Rptr. 172, 479 P.2d 372] [Rocha].)

*211Facts

The facts are brief but tragic: Early on the evening of November 17, 1990, four young men, all friends of appellant, were congregated on a…