No. D080147.

90 Cal.App.5th 660 (2023)

THE PEOPLE, Plaintiff and Respondent, v. DANIEL RONALD WEBB, Defendant and Appellant.

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

April 14, 2023.

Attorney(s) appearing for the Case

Sheila Lavery O'Connor , under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Charles C. Ragland , Steve Oetting , Paige B. Hazard and Julia Park , Deputy Attorneys General, for Plaintiff and Respondent.


For over a hundred and seventy years, California has defined the crime of assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." (Pen. Code,1 § 240.) This case involves the "present ability" requirement. Defendant...

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