People v. Mosqueda

Opinion

GARGANO, J.

Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of grand theft in violation of section 487 of the Penal Code and assault with a deadly weapon in violation of section 245 of the Penal Code. He contends that the court erroneously instructed the jury as to the definition of an assault with a deadly weapon; he also maintains that he is entitled to a new trial, first, because he did not expressly waive his right to testify on his own behalf and, second, because he did not receive adequate representation by counsel.

On June 14, 1968, at…