Thursday, November 15, 2012

Deliberately running red light can result in conviction for assault with deadly weapon




This week the California Court of Appeal concluded that a driver who deliberately races through a red light at a busy intersection and collides with another vehicle, causing injury to another, can be convicted of assault with a deadly weapon.  “Assault with a deadly weapon requires proof of an intentional act committed with knowledge of facts that would lead a reasonable person to realize that physical force would be applied to another as a direct and probable consequence of that act.”  Drivers beware!

The Case is: People v. Aznavoleh, ____ Cal.App.4th ____, ____ Cal.Rptr.3d ____, 2012 D.A.R. 15249 (2nd Dist. 2012) November 06, 2012 (B231434)

Thursday, November 1, 2012

Size of medical marijuana collective doesn't bar defendant from introducing MMPA defense

Defendant's conviction for sale and possession of marijuana was reversed and remanded where the trial court erred in disallowing the defendant from offering his defense under the Medical Marijuana Program Act (MMPA), with respect to distribution to patients who associated for the purpose of collectively cultivating marijuana.  Contrary to the trial court's ruling, the large membership of defendant's collective, very few of whom participated in the actual cultivation process, did not as a matter of law prevent defendant from presenting an MMPA defense.

The case is People v. Jackson, Cal.App.4th, Oct 24, 2012 (D058988).