People v. Aledamat
20 Cal. App. 5th 1149
| Cal. Ct. App. 5th | 2018Background
- Defendant Yazan Aledamat approached a food-truck owner, extended the blade of a box cutter from 3–4 feet away and said "I'll kill you," then was arrested by nearby officers.
- Charged with assault with a deadly weapon (Pen. Code §245(a)(1)) and making criminal threats (§422); prosecution also alleged a personal-use deadly-weapon enhancement (§12022(b)(1)) and prior-strike/serious-felony priors.
- At trial the court instructed the jury that a "deadly weapon" includes objects that are "inherently deadly" or those "used in such a way" as likely to cause death or great bodily injury.
- The prosecutor argued both that the box cutter was a deadly weapon based on its use and, in rebuttal, that it was an "inherently deadly weapon."
- Jury convicted on both counts and found the weapon enhancement true; defendant admitted priors and received a 12-year term on the criminal-threats count and a concurrent six-year term on the assault count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a box cutter may be deemed an "inherently deadly" weapon as a matter of law | Instruction was proper because the court may define "deadly weapon" to include inherently deadly instruments | A box cutter (a type of knife designed to cut objects) is not an inherently deadly weapon as a matter of law (McCoy) | Court: Error to instruct that a box cutter can be "inherently deadly"; a knife of this sort is not deadly per se |
| Whether the instructional error requires reversal of the assault conviction and the weapon enhancement | The People acknowledged the abstract correctness of the instruction but contended the issue of use was uncontested and evidence overwhelming | Argued the instruction presented an invalid legal theory that could have influenced the jury | Court: Reversal required because the instruction presented a legally invalid theory and prosecutor urged reliance on it; both the assault conviction and the personal-use enhancement were vacated |
Key Cases Cited
- People v. McCoy, 25 Cal.2d 177 (knife designed to cut things is not an inherently deadly instrument as a matter of law)
- People v. Aguilar, 16 Cal.4th 1023 (two-part test for "deadly weapon": inherently deadly or used in a manner likely to cause death or great bodily injury)
- People v. Guiton, 4 Cal.4th 1116 (if jury is presented a legally invalid theory, conviction must be reversed absent record evidence jury relied solely on valid theory)
- People v. Smith, 35 Cal.3d 798 (legal-theory error requires reversal where invalid theory could have supported verdict)
- People v. Merritt, 2 Cal.5th 819 (discusses when omission of elements does not require reversal if elements are uncontested and supported by overwhelming evidence)