People v. Cilluffo CA1/3

Filed 9/30/16 P. v. Cilluffo CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A144843

v. THOMAS JOSEPH CILLUFFO, (Napa County Super. Ct. No. CR171168) Defendant and Appellant.

Thomas Joseph Cilluffo (appellant) appeals from a judgment entered after a jury convicted him of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)1) and found he personally inflicted great bodily injury during the commission of the crime (§ 12022.7, subd. (a)), and the trial court sentenced him to 180 days in county jail and three years of probation. He contends the court gave erroneous instructions to the jury regarding the burden of proof on his citizen’s arrest claim. We agree the court erred but…