People v. Golde

Opinion

SIMS, Acting P. J.

— In this case, we hold:

1. Substantial evidence supports defendant’s conviction for violation of Penal Code section 245, subdivision (a)(1) (felony assault) 1 ;

2. No substantial evidence supports the trial court’s finding that defendant suffered a prior serious felony “strike” conviction for violation of section 246.3 (negligent discharge of firearm), because no evidence in the record shows defendant personally used a firearm;

3. The trial court did not err in failing to instruct the jury on the elements of simple assault (§ 240), as a lesser included offense, because…