Sun

People v. Sun

Good Law
240 Cal. Rptr. 3d 696·29 Cal. App. 5th 946
Court of Appeal of CaliforniaDecember 4, 2018G055242California2,238 words

Opinion

Lead Opinion

Bedsworth, J.

*698 *949 Appellant was convicted of assault with a deadly weapon for discharging a laser into the cockpit of an occupied aircraft. Relying on the Williamson rule ( In re Williamson (1954) 43 Cal.2d 651 , 276 P.2d 593 ), he contends his prosecution for that general offense was precluded by statutes that specifically pertain to the unlawful use of a laser. We agree and reverse his convictions for assault with a deadly weapon. We publish to underscore the continued vitality and adaptability of the venerable Williamson rule, which we believe has aged well.

FACTS

Late one night, two officers were piloting a police helicopter in Irvine when a laser struck their cockpit multiple times. The windshield on the aircraft refracted the light from the laser throughout the cockpit, which restricted the officers' visibility and gave one of them a headache. However, they were able to trace the source of the laser to appellant's apartment, and officers arrested appellant there a short time later.

Appellant was charged with two counts each of assault with a deadly weapon and aggravated assault on a peace officer. ( Pen. Code, § 245, subds. (a)(1) & (c).) 1 The information also alleged six counts…

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