Lara

I

Statement of the Case

Defendant Alejandro Garibay Lara appeals from a judgment entered after a jury convicted him of battery on a peace officer with a deadly weapon (Pen. Code, §§ 242, 243, subd. (c), 12022, subd. (b)), battery against a different peace officer, resisting arrest with a weapon (Pen. Code, § 148, subd. (b)), assault on a peace officer with a deadly weapon (Pen. Code, § 245, subd. (c)), possession of cocaine for sale (Health & Saf. Code, § 11351), transportation of cocaine (Health & Saf. Code, § 11352, subd. (a)), possession of marijuana (Health & Saf. Code, § 11357, subd. (b)) and driving without a license (Veh. Code, § 12500, subd. (a)). The court also found that defendant had suffered a prior serious felony conviction for residential burglary (Pen. Code, §§ 459-460, 667) and a prior conviction for possession of a controlled substance. (Health & Saf. Code, § 11351).

On appeal, defendant contends (1) there is insufficient evidence to support his convictions for battery, assault, and resisting arrest; (2) the court erroneously withdrew from the jury’s consideration an element of these offenses; (3) tiie court gave incomplete instructions on these…