California Court of Appeal

Sentence and conviction of attempted voluntary manslaughter and assault with a firearm are: 1) affirmed as to conviction and firearms use findings where a) the instruction regarding an original aggressor's simple assault being met with deadly force from the victim is a special theory on which the trial court had no duty to instruct in the absence of a request, and b) defendant's ineffective assistance of counsel claim fails because he cannot establish any prejudice; and 2) modified as to sentence under People v. Prunty (2015) 62 Cal.4th 59, where there was insufficient evidence that defendant committed the offenses for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members.

Appellate Information

• Published 2016/04/20

Judges

• RENNER

Court

• California Court of Appeal

Counsel