P. v. Pugh

 

 

 

 

 

 

Filed 1/29/07  P. v. Pugh CA2/3

 

 

 

NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

California Rules of Court, rule 977(a), prohibits
courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 977(b).  This
opinion has not been certified for publication or ordered published for
purposes of rule 977.

 

 

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND
APPELLATE DISTRICT

 

DIVISION
THREE

 

 

THE PEOPLE,               Plaintiff and Respondent,               v.   JONATHAN PUGH,               Defendant and Appellant.

B188422         (Los Angeles County       Super. Ct. No. TA079670)

 

 

            APPEAL from
a judgment of the Superior
Court of Los Angeles County, Jack W. Morgan, Judge.  Affirmed as modified.

            John Doyle,
under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill
Lockyer, Attorney General, Mary Jo
Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant
Attorney General, Susan D. Martynec and Kenneth N. Sokoler, Deputy Attorneys
General, for Plaintiff and Respondent.

 

 

 

_____________________

INTRODUCTION

            A jury convicted
defendant and appellant Jonathan Pugh of, among other things, willful,
premeditated, and deliberate attempted
murder.  On appeal, he contends there is insufficient evidence he intended
to kill the victim and of premeditation and deliberation.  He also contends the
trial court erred in instructing the
jury and in sentencing him.  Because defendant's sentence is improper, we
modify the judgment, but we otherwise affirm it.

FACTUAL AND
PROCEDURAL BACKGROUND

I.          Factual background.

            On February 1, 2005, April Burton and her mother, Beverly Cooks, were sitting in their car.  They were parked in front of
a Honda that had belonged to Burton's father, whom Burton and Cooks were
looking for.  While parked, they saw a car pull up, and a girl got out of the
car.  They also saw defendant, who either got out of the car or came from one
of the nearby houses.  Defendant had sold drugs to Burton's father.

            A little while thereafter, Roshaun Flowers,
â€