People v. Cruz-Partida
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Cruz-Partida was charged with the murder of Nicholas G.; the attempted murder of Steven G. (Nicholas’s brother); felony assault of Steven G. with a semiautomatic firearm; and felony assault of Steven G. and/or Nicholas G. with a semiautomatic firearm. Counts 1 through 3 related to the 2016 shooting of Nicholas and Steven in a South San Francisco park, which led to Nicholas’s death and injured Steven; count 4 relates to conduct which occurred prior to the park shooting outside of Cruz-Partida’s nearby apartment.
The jury acquitted Cruz-Partida of counts 1 through 3. Cruz-Partida was convicted of assault with a semiautomatic firearm with a related special allegation of firearm use. The court of appeal affirmed, rejecting Cruz-Partida’s argument that insufficient evidence supported his assault conviction because there was no evidence his conduct was likely to produce injurious consequences. Cruz-Partida’s offensive and dangerous conduct along with the surrounding circumstances provide substantial evidence of the necessary mens rea for assault. The jury was properly instructed on the law of self-defense; it is clear they knew how to apply it, as they acquitted Cruz-Partida on the more serious charges associated with the altercation at the park.
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