What evidence does the court have to consider in determining that defendant committed only a simple assault?
California, United States of America
The following excerpt is from People v. Gardner, F076283 (Cal. App. 2020):
In light of what was shown by the video recording of the incident, we conclude no reasonable jury could have found defendant committed only a simple assault. (See People v. McDaniel, supra, 159 Cal.App.4th at p. 749.) That the jury found the prosecution failed to prove, beyond a reasonable doubt, defendant actually inflicted great
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