People v. Rodriguez

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The Court of Appeal reversed defendant's conviction of battery by an inmate on a non-inmate, attempted battery by an inmate on a non-inmate, attempted interference with an officer's performance of duty, and two counts of assault with a deadly weapon by an inmate. The court held that the trial court erred when it failed to instruct the jury sua sponte on simple assault as a lesser offense necessarily included in assault with a deadly weapon by an inmate. The court also held that the prosecutor committed the form of prejudicial misconduct known as "vouching" by arguing to the jury that the correctional officer witnesses would not lie because lying would destroy their careers and lead to their prosecution for perjury, even though no evidence of such consequences was presented. View "People v. Rodriguez" on Justia Law