[Citation.]’ [Citations.]” (Phillips v. Campbell (2016) 2 Cal.App.5th 844, 851: see also Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) “As used in [Penal Code] section 245, subdivision (a)(1), a ‘deadly weapon’is ‘any object, instrument, or weapon whichis used in such a mannerasto be capable of producing and likely to produce, death or great bodily injury.’ [Citation.] Some few objects, such as dirks and blackjacks, have been held to be deadly weapons as a matterof law; the ordinary use for which they are designed establishes their character as such.

Consequently, appellant's convictions and sentence of death must be reversedas a violation of his federal due processrights. STATEMENTOF THE CASE Information Number 1034046 wasfiled in Stanislaus County Superior Court on January 23, 2003, charging appellant in counts one, two, and three, respectively, with the murders of Alicia Martinez, Carlos Lopez, and Camarino Chavez,in violation ofPenal Code! section 187; in count four with shooting at an occupied building in violation of section 246; and in count five with armed assault on Guadalupe Martinez in violation of section 245, subdivision (a)(2). A multiple murder special circumstance” allegation was attached to counts one, two, and three, pursuantto sections 190.2, subdivision (a)(3).

ees 1 Cal. Rules of Court, rule 8.500(b)(1) 2.0.0.0... eee cee eee 8 ll ANSWERTO PETITION FOR REVIEW Appellant Greg F. respectfully submits this answer to the petition for review filed by respondent on April 1, 2011, pursuant to rule 8.500(a)(2) of the California Rules of Court, following the decision of the Court of Appeal, First Appellate District, Division Five, filed on February 23, 2011. STATEMENT OF THE CASE On September 18, 2008, a petition was filed pursuant to Welfare and Institutions Code (WIC) section 602,alleging that appellant assaulted Joe C. in violation of Penal Code section 245, subdivision (a)(1). The petition also alleged that appellant personally inflicted great bodily injury on Joe C., in violation of Penal Code section 12022.7, subdivision (a).