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Conviction Reversed When Trial Court Fails to Properly Explain The Elements of The Crime of Assault to The Jury

By Walin & Klarich

The case in issue is People v. Miller, a recent case from the California Court of Appeal, Second Appellate District. In Miller, the Defendant was charged with assault with a deadly weapon among other felonies charges. Facts On February 2, 2006, Glenn Fong was making a left turn onto First Street from Alamitos Avenue in Long Beach. His car was struck on the passenger side by a car being driven by Defendant. Fong and Defendant pulled their vehicles into a nearby gas station. Defendant said she did not want to get their insurance companies involved and offered to pay Fong $100. Fong rejected the offer. Fong went back to his car to get insurance and vehicle information and believed Defendant was doing the same. However, Defendant just sat in her car...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 15, 2008 (boomark / email).