PEOPLE v. COLANTUONO

Docket No. S029545.

7 Cal.4th 206 (1994)

865 P.2d 704

26 Cal. Rptr.2d 908

THE PEOPLE, Plaintiff and Respondent, v. VERNON COLANTUONO, Defendant and Appellant.

Supreme Court of California.

January 31, 1994.


Attorney(s) appearing for the Case

COUNSEL

Joseph F. Walsh, under appointment by the Supreme Court, for Defendant and Appellant.

Kenneth Clayman, Public Defender (Ventura), Susan R. Olson, Deputy Public Defender, Thomas F. Lundy, John T. Philipsborn and John Doyle as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Donald E. de Nicola, Robert F. Katz and J. Robert Renner, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ARABIAN, J.

In this case we determine whether the trial court properly instructed the jury on assault and assault with a deadly weapon (Pen. Code, §§ 240, 245). To do so, we again analyze the intent or mental state necessary to establish these offenses and "hopefully eliminate the confusion on this issue which has developed throughout the courts of this state." (People v. Rocha (1971)

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