California v. Marsh

A jury convicted defendant Spencer Marsh of assault with a deadly weapon and vandalism. The charges arose from an incident involving a formal Navy SEAL at a fitness club parking lot; the brake lines to the SEAL’s vehicle had been cut, and defendant was identified as a person on surveillance video under the SEAL’s vehicle at the times the SEAL was inside the club. The jury also found true the allegations in connection with count 1, that the deadly weapon used to commit this offense was a vehicle, and that defendant personally used this dangerous and deadly weapon; and in connection with count 2, that the amount of property damage was $400 or more. The court sentenced defendant to the midterm of three years in prison on count 1, and stayed under Penal Code section 654(a) a two-year midterm sentence on count 2. On appeal, defendant contended the evidence was insufficient to support his conviction of assault with a deadly weapon; that the court prejudicially erred in instructing the jury on the meaning of the phrase "deadly weapon"; and that defense counsel violated his constitutional rights by allegedly conceding during closing argument that defendant was guilty of the vandalism charge in count 2. Finding no reversible error, the Court of Appeal affirmed. View "California v. Marsh" on Justia Law