People v. Garcia

California Court of Appeal Aug 8, 1969 No. Crim. No. 16110Published

Before: Lillie

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Holding. The court held that there was sufficient evidence to support the defendant's conviction for assault with a deadly weapon, finding that a bow and arrow held in a firing position constitutes a deadly weapon and that the defendant's claim of self-defense was a question of fact properly resolved by the trial court.

Issues

Whether a bow and arrow constitutes a deadly weapon for the purposes of an assault conviction.
Whether the evidence was sufficient to support a conviction for assault with a deadly weapon.
Whether the defendant's claim of self-defense was properly rejected by the trier of fact.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The bow and arrow held in a firing position with the arrow pointed at the victim in such a way as it could be fired in an instant constituted a deadly weapon”

“It is the trier of fact, not the appellate court, that must be convinced of a defendant's guilt beyond a reasonable doubt.”

“A man has not the right to provoke a quarrel, go to it armed, take advantage of it and then convert his adversary's lawful efforts to protect himself into grounds for further aggression against him under the guise of self-defense.”

275 Cal.App.2d 517 (1969) THE PEOPLE, Plaintiff and Respondent,

PHILLIP ANTHONY GARCIA, Defendant and Appellant.

Crim. No. 16110. California Court of Appeals. Second Dist., Div. One.

Aug. 8, 1969 Ralph Bencangey, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Ronald M. George, Deputy Attorney General, for Plaintiff and Respondent.

LILLIE, J.

Defendant was convicted of assault with a deadly weapon ( 245, Pen. Code); he appeals from the judgment.

Unable to sleep, Joe Godiness frequently walks at night; around 3 a.m. on July 7, 1968, he was walking in front of his residence when he saw defendant walk across the street; defendant appeared to have been drinking but "was not falling all over himself" and was able to think rationally; he conversed with defendant and scolded him because someone had told him defendant had "dirtied" his car; defendant denied he had done so and challenged him to a fight but Godiness refused and defendant departed. About half an hour later, while Godiness was still walking in front of his house, defendant approached him carrying a bow and arrow; defendant "was pointing it [arrow] at [him]." Because half an hour earlier defendant wanted to fight him and he saw defendant approach with a bow and the arrow pointed at him, Godiness hit and kicked him in an effort to disarm him at which time defendant shot Godiness in the right arm; with the arrow stuck "clean through" his arm, Godiness picked up a wooden bed slat about 3 feet long and disarmed defendant taking his bow and a second arrow which he was afraid defendant might also use on him. During the time Godiness tried to disarm defendant, defendant remained on his feet and at no time fell to the ground. Godiness went into his house, broke the arrow and pulled it out of his shoulder.

Around 5:20 a.m. Officers Beno and Sullenger, driving on 8th Street, saw defendant walk quickly and erratically carrying a garden hoe in the direction of Godiness' residence; he appeared to have been drinking and his right pants leg was torn at the knee; while interviewing defendant Godiness' son came up and the four of them went to his residence where they found Godiness with a severe wound going from the front through to the other side of his body in the area of the right arm and shoulder; Godiness gave the officers a bow and two arrows, one broken with wet blood stains on it; defendant was then arrested and after being advised of his constitutional

People v. Garcia

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LILLIE, J.

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