California Court of Appeal

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People v. Felix, B204858

Conviction for attempted premeditated murder and assault with a firearm is affirmed where: 1) the evidence was not sufficient to support his conviction for attempted premeditated murder as it showed he possessed the necessary mental state of a specific intent to kill; 2) the evidence was sufficient to support the conviction for assault with a firearm and the jury's implied finding that defendant knew it was highly likely that there were occupants in the house at the time he fired the gunshots; and 3) the trial court properly declined to stay the sentence on a count of shooting at an inhabited dwelling as it was governed by the multiple victim exception to Penal Code section 654. The case is remanded to amend the judgment to show that defendant's sentence on count 3 is stayed pursuant to Penal Code section 654.

Appellate Information

  • Decided 04/16/2009
  • Published 04/16/2009

Judges

  • O'NEILL, J.*

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr. and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
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