How has section 245 of the California Vehicle Accident Act been interpreted by the courts?

[16 Cal.4th 1034] Reading the statute as a whole in a commonsense manner that avoids rendering any part superfluous (Quintano v. Mercury Casualty Co, supra, 11 Cal.4th at pp. 1058-1059, 48 Cal.Rptr.2d 1, 906 P.2d 1057) and considering its history, we conclude a "deadly weapon" within the meaning of section 245 must be an object extrinsic to the human body. Bare hands or feet, therefore, cannot be deadly weapons; to the extent the prosecutor's argument suggested the contrary, it was erroneous.

Despite this error in the prosecutor's argument, the Attorney General contends reversal of defendant's conviction was unnecessary. First, he maintains reversal was unwarranted because the evidence overwhelmingly showed that defendant used force likely to produce great bodily injury or that he aided and abetted Perez in so doing. As the Attorney General observes, when the prosecution presents the jury with alternative factual scenarios on the basis of which it may convict a defendant, but the evidence is insufficient to support one of those scenarios, the error is not reversible (absent an indication in the record that the verdict actually did rest on the inadequate ground). (See People v. Guiton, supra, 4 Cal.4th at p. 1129, 17 Cal.Rptr.2d 365, 847 P.2d 45.) If, however,

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