People v. Luciano CA4/1
Opinion
Opinion
INTRODUCTION
Ralph Nicholas Luciano fired a rifle several times during a brawl that pitted himself and his two adult sons against a handful of men who lived and worked near the Luciano family on a rural farm. A jury found Luciano guilty of one count of assault with a firearm against Elwood M. (Pen. Code, § 245,
subd. (a)(2); count 1),1 and one count of negligent discharge of a firearm (§ 246.3, subd. (a); count 2), and found Luciano personally used a firearm in the commission of the assault (§ 12022.5, subd. (a)). The trial court found true an aggravating circumstance allegation that Luciano induced others to participate in the commission of the crimes (Cal. Rules of Court, rule 4.421(a)(4)), and placed him on formal probation for three years with a 365- day term of commitment in county jail. On appeal from the judgment of conviction, Luciano argues the trial court erred by failing to modify, sua sponte, several jury instructions to specify that a defendant can act in lawful defense of others. He also contends the court erred by failing to provide, sua sponte, a jury instruction on unanimity. We reject these arguments and affirm the judgment. II