PEOPLE v.KENNETH

Filed 7/20/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado)

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THE PEOPLE,

Plaintiff and Respondent,

KENNETH WAYNE CHANCE,

Defendant and Appellant.

C048825

(Super. Ct. No. P03CRF0664)

APPEAL from a judgment of the Superior Court of El Dorado County, Eddie T. Keller, J. Reversed in part and affirmed in part.

Appeals Unlimited and Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson and Mary Jo Graves, Assistant Attorneys General, Harry J. Columbo and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.

Story continue from Part I â€¦.

Section 12022.53, subdivision (b), provides as pertinent: â€

Description	Where evidence showed that defendant ran from police. Defendant ran around a trailer, stopped, turned around and held a pistol in shooting position but did not pull back slide to place a bullet in the chamber. Thus if he pulled the trigger, nothing would have happened. However, the officer did not follow defendant's path around trailer and instead went around the other way and approached defendant from behind after which defendant dropped his pistol. Evidence was not sufficient to support a conviction of assault but was sufficient to support a conviction for attempted murder.
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PEOPLE v.KENNETH Part II

Filed 7/20/06