P.
P. v. Quan CA2/7
Opinion
Opinion
Jackson, J.
INTRODUCTION
Defendant Lam Vi Quan appeals from a judgment of conviction entered after a jury found him guilty of assault on a peace officer (Pen. Code, § 245, subd. (c)), personally causing great bodily injury (id., § 12022.7, subd. (a)). The trial court sentenced him to eight years in state prison. On appeal, defendant challenges the trial court’s response to a note from one of the jurors indicating that the juror saw defendant make a throat-slitting motion toward one of the prosecution witnesses. Defendant also claims error in the trial court’s refusal to instruct on self-defense/defense of others. We affirm.
FACTS
A. Prosecution At about 10:00 p.m. on July 17, 2010, San Gabriel Police Officers Nhat Huynh and Dave Casillas responded to a noise complaint at an apartment complex at 409 East Marshall Street in San Gabriel. They and their fellow officers had responded to similar complaints at that location in the past. They usually spoke to Johnny Vi Quan, the owner of the property, who was cooperative and kept everyone calm. They heard a lot of noise coming from the rear of the property, including loud talking and yelling. When they got to the back of the property, they saw 10…