People v. Weith CA1/4

Filed 12/14/21 P. v. Weith 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE,

Plaintiff and Respondent,

A155950

v. JAN A. WEITH, (San Francisco County Super. Ct. No. SCN229297) Defendant and Appellant.

Frustrated in his efforts to enter his parking garage without his monthly parking pass, defendant Jan A. Weith drove his car at the parking attendant, pinning him against the parking booth wall. The jury convicted Weith of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1)), battery with serious bodily injury (§ 243, subd. (d)) and leaving the scene of the accident (Veh. Code, § 20001, subd. (a)), but acquitted him of attempted murder. On appeal, Weith argues the trial court erroneously instructed the jury on assault with a…