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PEOPLE v. LOCHTEFELD

No. D031877.

91 Cal.Rptr.2d 778 (2000)

77 Cal.App.4th 533

The PEOPLE, Plaintiff and Respondent, v. Daniel Bernard LOCHTEFELD, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied February 2, 2000.

Review Denied April 26, 2000.

Attorney(s) appearing for the Case

Joel K. Liberson, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Esteban Hernandez and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.

BENKE, J.

Penal Code section 245, subdivision (c)1 punishes "an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer...." (Italics added.) As has been often noted, a pellet gun2 is clearly an instrument other than a firearm. (See, e.g., In re Jose A...

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