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The People v. Edward E. Reid

April 13, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
EDWARD E. REID, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F07421)

The opinion of the court was delivered by: Robie , J.

P. v. Reid

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury found defendant Edward Reid guilty of simple assault as a lesser included offense of assault with a deadly weapon. The court placed him on four years' probation on the condition he serve 90 days in jail.

On appeal, defendant raises two contentions. First, he contends the trial court prejudicially erred in giving an instruction on the lesser included offense of simple assault. Second, he contends it was error for the trial court to impose a jail booking fee without determining whether he had the ability to pay it. We disagree with both contentions and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

During a scuffle between the victim and defendant's employer, defendant struck the victim approximately three times with an aluminum baseball bat. As a result, the victim had a 1.6-inch cut on his head that required 10 sutures.

DISCUSSION

I

Simple Assault Instruction

Defendant contends his conviction for simple assault must be reversed because there was insufficient evidence to support the trial court instructing on that offense. The People respond that defendant "benefited from, and was not prejudiced by, the giving of a lesser included offense instruction." We agree with the People.

The trial court must instruct on all theories of a lesser included offense "which find substantial support in the evidence." (People v. Breverman (1998) 19 Cal.4th 142, 162.) "Although the offense of simple assault is technically a lesser and necessarily included offense of the crime of assault with a deadly weapon, if the evidence shows without conflict that the weapon is actually used ...


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