People v. Nealis

*Supp. 3Opinion

ROBERSON, P. J.

—Appellant was convicted after jury trial of battery (Pen. Code, § 242) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The main issue raised in this appeal is whether, as a matter of law, a dog may ever be considered a “deadly weapon or instrument,” within the meaning of Penal Code section 245, California’s statute proscribing assault with a deadly weapon.1

I

On November 30, 1988, around 6 a.m., Roberto Robles was waiting for his girlfriend to drive him home. He was standing in the parking lot of Tiny Naylor’s Restaurant where he had just left…