People v. Pruett

Opinion

ANDERSON, P. J.

Michael J. Pruett (appellant) was convicted by a jury of drawing or exhibiting a deadly weapon with the intent to resist or prevent arrest or detention by a peace officer in violation of Penal Code 1 section 417.8. 2 We consider and reject his contention that the trial court was required, sua sponte, to define the term “deadly weapon,” as used in section 417.8. We also consider and reject appellant’s claim that brandishing a weapon under section 417, subdivision (a)(1), is a lesser included offense under section 417.8. We also reject two other claims of instructional…