California Court of Appeal

Conviction and sentence for attempted murder and possession of a firearm by a felon is affirmed over claims that the trial court erred: 1) in its instructions to the jury on the concurrent intent ("kill zone") theory of liability for the attempted murder charges; 2) by failing to instruct the jury on the offense of assault with a firearm as a lesser included offense of attempted murder committed by the intentional and personal discharge of a firearm; 3) by giving the jury an instruction relating to the street gang enhancement that allowed the jury to find the enhancement true "without determining whether the prosecution had proved the 'pattern of criminal gang activity' element of a criminal street gang"; and 4) by imposing multiple sentence enhancements under Penal Code section 186.22.

Appellate Information

• Decided 04/15/2008
• Published 04/15/2008

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Carlos A. Martinez and J. Robert Jibson, Supervising Deputy Attorneys General, and Tia M. Coronado, Deputy Attorney General, for Plaintiff and Respondent.