Pruett

Michael J. Pruett (appellant) was convicted by a jury of drawing or exhibiting a deadly weapon with the intent to resist or prevent arrest or detention by a peace officer in violation of Penal Code section 417.8. We consider and reject his contention that the trial court was required, sua sponte, to define the term “deadly weapon,” as used in section 417.8. We also consider and reject appellant’s claim that brandishing a weapon under section 417, subdivision (a)(1), is a lesser included offense under section 417.8. We also reject two other claims of instructional error and affirm.

I. Facts

On August 8,1995, Dawn Weathers, acting manager for Lyon’s restaurant in Santa Rosa, received a series of complaints from customers about a man sitting outside the restaurant. Weathers went outside and saw appellant sitting under a tree in the parking lot; she asked him to leave. Appellant, who was playing with a knife at the time, said that he did not have to leave. Weathers threatened to call the police; appellant stated that she should go ahead and do so. Weathers then acted on her threat. While the police were on the way, appellant moved from the parking lot and sat on a bench…