People v. Brackins

*59Defendant Lionel Brackins was convicted by jury trial of aggravated assault ( Pen. Code § 245, subd. (a)(4) ),1 inflicting corporal injury on a former cohabitant (§ 273.5, subd. (a)), attempting to dissuade a witness (§ 136.1, subd. (b)(1)), and misdemeanor vandalism (§ 594, subds. (a), (b)(2)(A)).2 The court sentenced defendant to four years in prison.3

On appeal, defendant contends that the trial court prejudicially erred in (1) denying his request to modify CALCRIM No. 2622, the attempted dissuading instruction, to insert language requiring a finding of malice and describing when a…