P. v. Bell
Filed 2/8/07 P. v. Bell CA1/2
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. TOMMY BELL, Defendant and Appellant. | A112062 (Alameda County Super. Ct. No. H38279A) |
Appellant Tommy Bell was convicted by a jury of one count of attempted murder (Pen. Code, §§ 187, subd. (a), 664),[1] five counts of assault with a semiautomatic firearm (§ 245, subd. (b)), three counts of attempted second degree robbery (§§ 211, 664), one count of second degree robbery (§ 211), and one count of possession of a firearm by a felon (§ 12021, subd. (a)(1)). On appeal, appellant contends there was insufficient evidence to support his conviction of assault with a semiautomatic firearm against Alameda County Sheriff's Deputy Daniel Hemenway. We affirm the lower court's judgment.
BACKGROUND
On October 13, 2004, Diana Valencia and her brother Gilberto Valencia accompanied their housemates Marco Trejovilla and Luis Medrano, as well as their neighbor Mike Eskridge, in Trejovilla's car to a Quik Stop market located near their San Leandro apartment complex. After Trejovilla parked his car outside of the Quik Stop, Eskridge walked inside the store and purchased beer. At the same time, appellant was a passenger in a car parked at the Quik Stop, along with Joshua Cole, Yonas Melles, â€
