California v. Mullendore
Annotate this CaseSean Mullendore appealed his convictions of felony throwing a substance at a vehicle (Veh. Code, 23110, subd. (b)), and misdemeanor assault and vandalism. He argued that the section 23110(b) conviction should have been reversed because the trial court failed to instruct the jury on the lesser included misdemeanor offense defined in Vehicle Code section 23110, subdivision (a). Furthermore, Mullendore argued his assault and vandalism convictions should have been reversed because the court: (1) declined his request to instruct the jury on the defense of accident; and (2) refused to admit his proffered evidence from an accident reconstruction expert. The Court of Appeal agreed with Mullendore with regard to his 23110(b) conviction, but found no reversible error and affirmed the misdemeanor convictions.
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