SIMI VALLEY : New Trial Planned in Assault Case
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A Simi Valley man whose assault conviction was overturned because the jury was not given proper legal instructions will be retried on the same charge, a prosecutor said Wednesday.
Dragan Terzeu will be returned to Ventura County within 60 days from Wasco State Prison near Bakersfield, where he is serving a seven-year sentence, Deputy Dist. Atty. Gregory D. Totten said.
A state appeals court on Tuesday reversed the conviction of Terzeu, 20, because the jury that convicted him was not told that an assault requires an attempt to apply physical force.
Terzeu was found guilty of firing shots in the parking lot of Cheers, a Simi Valley club, during a fight with another patron in August, 1991. At his trial, Terzeu testified that he was only trying to scare the victim, not hurt him.
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