People v. Brandon T.
191 Cal. App. 4th 1491
| Cal. Ct. App. | 2011Background
- 15-year-old Brandon charged under Welfare and Institutions Code §602 with assault with a deadly weapon (Pen. Code §245(a)(1));
- adjudication hearing held after Brandon denied the petition;
- incident occurred May 11, 2009 on high school campus;
- knife used described as a butter knife with blade recovered, handle not;
- adjudication modified on appeal to simple assault with remand for disposition;
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly classified the offense as felony or misdemeanor | Beasley/People argued discretion existed | Brandon argued improper (not clearly shown) | Not decided; remanded for new disposition if simple assault |
| Whether the butter knife was a deadly weapon | People contends knife could be deadly given use | Brandon contends insufficient evidence of deadly weapon | Insufficient evidence; knife not used in a manner likely to produce death or great bodily injury |
| Whether adjudication can be affirmed as simple assault | Simple assault is a necessarily included offense | Agree with modification if deadly weapon insufficiency | Adjudication modified to simple assault; remanded for new disposition hearing |
Key Cases Cited
- People v. Aguilar, 16 Cal.4th 1023 (Cal. 1997) (definition of deadly weapon under §245(a)(1))
- People v. Beasley, 105 Cal.App.4th 1078 (Cal. App. 2003) (injury degree relevant; intermediate facts for deadly weapon)
- People v. Rodriguez, 20 Cal.4th 1 (Cal. 1999) (standard for sufficiency of evidence)
- People v. Smith, 223 Cal.App.2d 431 (Cal. App. 1963) (pointed object near neck considered deadly weapon in some contexts)
- People v. Page, 123 Cal.App.4th 1466 (Cal. App. 2004) (sharp, pointy object near neck; distinguishes based on object type)