People v. Driskell CA3

Filed 11/30/21 P. v. Driskell CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Shasta) ----

THE PEOPLE, C092490

Plaintiff and Respondent, (Super. Ct. No. 19F7023)

v.

JASON SCOTT DRISKELL,

Defendant and Appellant.

A jury found defendant Jason Scott Driskell guilty of a single count of assault with a deadly weapon after he hit the victim with a hammer. On appeal, defendant contends the trial court erred when it failed to instruct the jury on the lesser included offense of simple assault. He also argues the court incorrectly calculated his presentence custody credits and imposed an indefinite no-contact order as part of his sentence without any legal authority. We conclude the trial court did not err in not…