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Name: People v. Raviart
Case #: C034739
District 3 DCA
Opinion Date: 10/26/2001
Subsequent History: Rev, denied 1/29/02.
Summary

Although the defendant pointed his gun only at officer Keller, one of two pursuing officers, he was properly convicted of assault with a firearm as to both officers chasing him. It is not necessary to actually point the gun directly at another person to commit an assault. It was enough that defendant brought the gun into a position where he could have used it against the second officer (Wagstaff) if the officers had not shot defendant first. Based on the evidence presented, the jury could have found that the defendant drew a loaded gun with the intent to shoot both officers. Finally, defendant had the present ability to injure Wagstaff because the evidence showed Wagstaff was in the open before he dove for cover. Also, the victim’s effective steps to avoid injury has never been held to negate that present ability to injure.