California Court of Appeal

Convictions of attempted second degree robbery, Pen. Code, sections 21a, 211, 212.5(c) and 213(b), assault with a semiautomatic firearm, section 245(b), shooting at an occupied motor vehicle, section 246, drawing or exhibiting a firearm against a person in a motor vehicle, section 417.3, and carrying a loaded firearm with intent to commit a felony, section 12023(a), are: 1) affirmed over defendant's instructional error challenge that CALCRIM No. 460, the pattern jury instruction for attempt, is unconstitutionally vague and impermissibly creates a mandatory presumption concerning an accused's intent; but 2) remanded for further proceedings on defendant's Batson/Wheeler motion where the prosecutor peremptorily excused two openly gay prospective jurors.

Appellate Information

• Published 2017/04/11

Judges

• HULL

Court

• California Court of Appeal

Counsel