Boyajian

People v. Boyajian

Good Law
1991 Cal. App. LEXIS 265·228 Cal. App. 3d 771·279 Cal. Rptr. 359·91 Daily Journal DAR 3362·91 Cal. Daily Op. Serv. 2078
Court of Appeal of CaliforniaMarch 4, 1991No. H006843California1,150 words

Opinion

Lead Opinion

Agliano, J.

Defendant Suzanne Boyajian appeals from a judgment of conviction after a court trial of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (b)). 1 The People also alleged in the information that defendant was personally armed with a knife and that the offense was a serious felony (§§ 667, 1192.7). On appeal defendant argues the trial court erred: 1) in finding the requisite intent, 2) in failing to state reasons for selecting the midterm, and 3) in finding the present offense to be a serious felony (§§ 667, 1192.7). We shall affirm the judgment as modified for the reasons stated below.

Facts

On February 28, 1989, at 7:30 a.m. uniformed San Jose police officer Edward Marini was parked in an unmarked car at 428 South Market Street in San Jose. Officer Marini was using a hand-held radar device to check for *773 speeding vehicles. Marini saw appellant in the side-view mirror, approaching his car. Appellant approached the driver’s side of the vehicle slowly, with her right arm behind her. When she reached the driver’s door, she brought her right arm up and swung her body to the left. She had a knife in her right hand and she lunged toward Officer…

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