White

On June 30, 1989, an information was filed in the Kern County Superior Court against appellant Thomas Reese White, alleging a violation of Penal Code section 245, subdivision (b), as it provided in 1989, for assaulting a peace officer with a deadly weapon, other than a firearm, to wit: a glass container (count I); battery causing injury when the appellant knew or should have known the victim was a peace officer engaged in the performance of his duties in violation of section 243, subdivision (c) (count II); resisting an executive officer in the performance of his duties by force and violence in violation of section 69 (count III); possession of a switchblade knife having a blade over two inches in length in violation of section 653k (count IV); and unlawful public intoxication in violation of section 647, subdivision (f) (count V).

The information was amended on August 30, 1989, which added an enhancement allegation to count I pursuant to section 667.

A jury trial commenced on August 28, 1989, and on September 5, 1989, the jury convicted appellant as charged on counts III, IV, and V. As to count I, a guilty verdict was returned alleging assault on a peace officer in…