People v. Romo

Opinion

MOSK, J.

Defendant was convicted, following a jury trial, of assault with a deadly weapon. (Pen. Code, § 245, subd. (a).) He was sentenced to prison for the term prescribed by law.

Defendant contends the judgment must be reversed on the following grounds: (1) accomplice instructions (CALJIC No. 3.18), cautionary instructions relating to oral admissions (CALJIC Nos. 2.70 or 2.71), and instructions on the weighing of conflicting testimony (CALJIC No. 2.22) should have been given sua sponte; (2) an instruction regarding the effect of absence of motive should have been given (CALJIC No.…