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PEOPLE v. RUSSELL

No. B171492.

28 Cal.Rptr.3d 862 (2005)

129 Cal.App.4th 776

The PEOPLE, Plaintiff and Respondent, v. Donald RUSSELL, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

Review Denied September 7, 2005.

Attorney(s) appearing for the Case

Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and David Glassman, Deputy Attorneys General.

JOHNSON, J.

"`[W]hether the pitcher hits the stone or the stone hits the pitcher, it will be bad for the pitcher.' Miguel de Cervantes, Don Quixote, Part II, ch 43 (1615)."1

In this case of first impression, we conclude a defendant who intentionally pushes another person into the path of an oncoming vehicle has used that vehicle as a "deadly weapon" in violation of Penal Code section 245, subdivision (a)(1).

The...

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