California Court of Appeal

Convictions of attempted voluntary manslaughter, Pen. Code sections 664, 192(a), a lesser included offense of attempted murder, driving in willful or wanton disregard for safety of persons or property while fleeing from a pursuing police officer, Veh. Code section 2800.2(a), maliciously discharging a firearm from a motor vehicle at another person, former section 12034(c) now section 26100(c), and possession of a firearm by a convicted felon, section 12021(a)(1), are all affirmed where: 1) prosecutor did not commit prejudicial misconduct during closing; 2) trial court did not misinstruct jury; 3) trial court correctly denied motion for a new trial based on misconduct by jury foreman; 4) section 12022.53(d) does not violate substantive due process and equal protection; and 5) sentence does not constitutes cruel and unusual punishment under the federal and California constitutions.

Appellate Information

• Decided 03/21/2013
• Published 03/21/2013

Judges

• YEGAN

Court

• California Court of Appeal

Counsel