Craig
People v. Craig
Opinion
Opinion
Thaxter, J.
A jury convicted appellant Kevin O’Neal Craig on one count of assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). By its verdict the jury acquitted Craig on a count of attempted murder. Before trial Craig admitted a prior conviction for armed robbery alleged in the information as a five-year sentence enhancement. (Pen. Code, §§ 667, subd. (a), 1203, subd. (e)(4) and (5), and 1203.08.) Appellant was sentenced to a nine-year prison term, consisting of four years on the assault charge and the consecutive five-year enhancement.
On appeal Craig claims the jury was improperly instructed, there was insufficient evidence to support the verdict, and the court erroneously commented on the evidence to Craig’s prejudice. We reject all of Craig’s contentions and will affirm.
Facts
In 1989, Craig was a ward of the California Youth Authority at the Mt. Bullion Youth Conservation Camp. In January 1989, Craig was assigned to the counseling group of newly hired counselor, Gloria Fernandez. For the most part Craig was one of the better wards at Mt. Bullion. However, problems arose between him and Fernandez.