Glover

Defendant appeals from his conviction of one count of possession of phencyclidine (PCP) (Health & Saf. Code, § 11377, subd. (a)) and two counts of assault with a firearm, specifically a handgun (Pen. Code, § 245, subd. (a)(2)). Following defendant’s referral to the Director of Corrections for a 90-day diagnostic study pursuant to section 1203.03, the trial court sentenced defendant to three years in state prison.

Defendant asserts his conviction must be reversed because the trial court erred in failing to modify CALJIC No. 9.03 (4th ed. 1979) to reflect the particularized crime with which defendant was charged, i.e., assault with a firearm in lieu of assault with a deadly weapon. For the reasons we shall discuss, we reject defendant’s contention, and we will affirm the judgment.

Statement of Facts

On October 18, 1983, Yvonne Holt, a process server for the Fresno County Sheriff’s Department, went to a residence at 2493 South Elm in Fresno to serve a notice and citation for appearance on a woman named Louisa Thomas. Defendant answered the door and advised Holt that Thomas was not there at that time; Holt left a business card identifying herself and her function. Holt…