The Third Appellate District affirmed in part and vacated in part a judgment. The court held, among other things, that an assailant who drove at a victim with his car was not entitled to a sua sponte instruction on simple assault as a lesser offense of assault by means of force likely to produce great bodily injury or with a deadly weapon. The court also held that the conviction was supported by substantial evidence.
Hilda Nieves was living with Mario Golde. Nieves was married to another man. Nieves was using methamphetamine and heroin. On one evening, she had consumed a large quantity of drugs and was hallucinating. Nieves accused Golde of cheating on her and swore revenge.
