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Defendant appeals from a judgment of the Alameda County Superior Court after a jury verdict convicting him of violation of Penal Code, section 245, subdivision (b) (assault with a deadly weapon upon a police officer).

Issues Presented

1) When a charge requires that the accused be armed with a deadly weapon, it is error to adjudge being armed as an independent matter.

2) Section 1025 of the Penal Code does not prohibit admission of evidence of an admitted prior conviction when evidence of the crime is admitted for a limited purpose under Evidence Code section: 1101, subdivision (b).

3) Sua sponte instructions on unconsciousness were not required.

4) An instruction on the lesser included offense of section 245, subdivision (a), of the Penal Code was not required. 5) The exclusion of Blacks by peremptory challenge was not unconstitutional.

6) People v. Romo (Cal.App.)(hg. granted Aug. 7, 1974) does not apply.

Record

Defendant went to jury trial in the Alameda County Superior Court on charges of violations of section 245, subdivision (b), and of section 217, of the Penal Code. Arming and use clauses were included. Defendant was also charged with a prior conviction…