Simons

Defendant was found guilty by a jury of two counts of exhibiting a deadly weapon to prevent arrest and one count of vehicular evasion of a peace officer, all felonies. The jury found him not guilty of three counts of assault with a deadly weapon on a peace officer and of hit and run. They were unable to reach a verdict on a charge of interference with a police dog. The court found defendant’s prior serious felony convictions true and sentenced him to 13 years in state prison. Defendant appeals alleging various errors, including the failure to instruct that misdemeanor resisting or obstructing a peace officer (Pen. Code, § 148, subd. (a)) is a lesser offense of felonious exhibition of a deadly weapon to evade arrest (§ 417.8). He also asserts that a screwdriver can never be a deadly weapon for purposes of section 417.8. We reject defendant’s assertions and affirm the judgment.

Statement of Facts

About 3 a.m. on March 21, 1993, East Palo Alto Police Officer Reich stopped defendant’s car for an expired registration and failure to signal for a left turn. Defendant presented an expired driver’s license. After the officer completed the traffic citation, defendant walked…