People v. Illescas CA2/5

INTRODUCTION

Defendant and appellant Cesar Illescas (defendant) was convicted of felony corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a)1); misdemeanor resisting, obstructing, or delaying a peace officer or emergency medical technician (§ 148, subd. (a)(1)); felony unlawful driving or taking of a vehicle (Veh. Code §10851, subd. (a)); and felony assault with a deadly weapon (§ 245, subd. (a)(1)). On appeal, defendant contends that his conviction for assault with a deadly weapon in violation of section 245, subdivision (a)(1) (count 4), should be reversed because there is not substantial evidence to support a finding that his use of shoes was likely to cause “great bodily injury”; the trial court erred when it instructed the jury pursuant to CALCRIM No. 875 on a legally incorrect theory; the trial court erred by instructing the jury with an implied mandatory presumption that shoes are deadly weapons; and the cumulative errors denied him a fair trial. We affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence

a) Counts 1-4 As of August 1, 2012, Elizabeth Doe and defendant had been in an exclusive dating relationship for about…