California Court of Appeal

Defendant's conviction for attempted unpremeditated murder and related firearm offenses is affirmed where: 1) trial court did not err in a failure to give an instruction not supported by the evidence on what was asserted to be a lesser included offense; 2) there is no infirmity in the wording of CALCRIM Nos. 105 and 226, and they were properly given in the case; and 3) CALCRIM No. 600 correctly states the law. Defendant's sentence is remanded with directions to the trial court to stay the sentence on count 4 and exercise its discretion to impose or strike the second enhancement found under section 667.5(b).

Appellate Information

• Decided 09/08/2009
• Published 09/08/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Victor Blumenkrantz, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Brian Alvarez and Leslie W. Westmoreland, Deputy Attorneys General, for Plaintiff and Respondent.