People v. Smith

Reed Wyant Smith appeals from a judgment of imprisonment after a jury found him guilty of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (b)). He asserts Beagle error, error in admitting evidence of his extrajudicial statement, insufficiency of the evidence, and instructional error. We conclude that the foregoing claims of error are without merit and affirm.

On September 7, 1980, Deputy Sheriff Don Stanley was on patrol in the area of Lake Berryessa. As he approached Knoxville Road, he observed two young men on the Pope Creek Bridge. One of them, later determined to be appellant, was standing on the outside of the guard rail. A sign on the bridge prohibits diving or jumping. Stanley drove to the bridge. Remaining in his vehicle, he told appellant to get back on the roadway. Appellant looked at the officer, then turned and jumped off the bridge into the water below. Stanley watched appellant swim to shore and get out of the water. He then drove to the nearby parking lot where he met appellant, who was standing next to a pickup truck with his companion on the bridge, Kevin Reid.

Stanley asked appellant for his identification. In response,…