P.

I. INTRODUCTION

In this case, the prosecution and the defense presented radically different versions

of the events that occurred at a party in Fontana in August 2009. It appears the jury

generally accepted the defense version, finding defendant Jacob Aaron Rock guilty only

of a lesser misdemeanor offense of assault on a police officer (Pen. Code, § 241,1 subd.

(c)) rather than the charge of assault on a police officer with a deadly weapon (§ 245,

subd. (c)) in count 1, found not true the allegation of great bodily injury as to that count

(§ 12022.7), and voted 11 to 1 and 10 to 2 in favor of acquittal on two additional counts

of resisting executive officers (§ 69).2 Defendant contends the trial court erred in

refusing to instruct the jury with his requested instruction on willful destruction of

evidence. We agree that the trial court abused its discretion by failing to impose an

appropriate sanction in the event the jury made a factual finding of willful destruction of

evidence; however, we find the error harmless, and we affirm.

Defendant Jacob Aaron Rock appeals from his conviction of misdemeanor assault

on Police Officer Shane McCoy (§ 241, subd. (c)) as a lesser…