What is the test for setting aside a finding of guilty under section 245 of the California Penal Code for assault on a peace officer or fireman?

California, United States of America


The following excerpt is from People v. Meza, F071303 (Cal. App. 2016):

" ' "An appellate court must accept logical inferences that the [finder of fact] might have drawn from the circumstantial evidence." [Citation.] "Before the judgment of the trial court can be set aside for the insufficiency of the evidence, it must clearly appear that on no hypothesis whatever is there sufficient substantial evidence to support the verdict of the [finder of fact]." ' " (People v. Dealba (2015) 242 Cal.App.4th 1142, 1148-1149.)

Section 245, subdivision (c) punishes assaults on a peace officer or fireman committed "with a deadly weapon or instrument other than a firearm, or by any means likely to produce great bodily injury." Whether or not the victim is injured is immaterial because the statute focuses on use of a deadly weapon or instrument or, alternatively, on force likely to produce great bodily injury. (People v. Russell (2005) 129 Cal.App.4th 776, 781-782.) "Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm." (CALCRIM No. 3160.)

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