Apr. 25, 2022 – People v. Serrano (5th Dist., F080692)

The Court of Appeal finds that the trial court erred by failing to properly instruct the jury on the malice element of dissuading a victim by force (PC 136.1(c)(1)), but that the error was harmless beyond a reasonable doubt. The court also finds defendant’s conviction for simple assault (PC 240) is a lesser included offense of his conviction for inflicting corporal injury (PC 273.5) and reverses the simple assault conviction.