People v. C.D. (In re C.D.)

*1023 Based on his acceleration of a stolen automobile toward a police officer, appellant C.D. was found to have committed two counts of violating Penal Code section 245, subdivision (c), 1 which penalizes the assault of a peace officer "with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury." We conclude that one of these counts must be reversed because unlike section 245, subdivision (a)(1)-(4), which currently divides aggravated assault not involving a peace officer into four different crimes that may support separate convictions, section 245, subdivision (c), describes a single offense that can be committed two separate ways. We also reject appellant's argument that the evidence was insufficient to support even one true finding of *362 assault under section 245, subdivision (c), and conclude the trial court properly exercised its discretion when ruling on appellant's motion to disclose police personnel records under Pitchess v. Superior Court (1974) 11 Cal.3d 531 , 113 Cal.Rptr. 897 , 522 P.2d 305 ( Pitchess ).

I. BACKGROUND

On July 5, 2015, San Pablo Police Department Officer Niemi was patrolling the 1600 block of…