Burres

Defendant Timothy Burres was charged by information with two counts of assault by means of force likely to produce great bodily injury upon the person of a peace officer (Pen. Code, § 245, subd. (b)). A jury acquitted him of count I (relating to Officer Leon Williamson) and found him guilty of count II (relating to Officer Michael Korbett).

About two months prior to the events at issue, Officer Leon Williamson, a Rio Vista police officer, arrested appellant, a 19-year-old local resident, for a traffic offense. Appellant was not permitted to testify at trial as to whether Williamson used force in arresting him on that occasion, but was permitted to state that he was afraid of Williamson, without giving any reasons therefor. Upon returning to his car on the day following his arrest, appellant found that it had been damaged; appellant treasured his car more than any other item he owned.

On the occasion at issue, January 29, 1978, Officer Williamson stopped appellant for a traffic offense, took his car keys, and told appellant to have his parents collect the keys at the police station. Because of the damage done to his car on the prior occasion, appellant went home and…