P. v. Corona
Filed 6/6/06 P. v. Corona CA2/3
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. FAUSTINO CORONA, Defendant and Appellant. | B185171 (Los Angeles County Super. Ct. No. VA078274) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
John A. Torribio, Judge. Modified and, as so modified, affirmed.
David A. Elden, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Margaret E. Maxwell and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.
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Faustino Corona appeals the judgment entered following his conviction by jury of two counts of attempted willful, deliberate and premeditated murder in which he personally used a firearm, corporal injury to a spouse, two counts of child abuse, three counts of attempted carjacking and one count of evading a peace officer with willful disregard for the safety of persons or property. (Pen. Code, §§ 664/187, subd. (a), 12022.53, subd. (b), 273.5, subd. (a), 273a, subd. (a), 664/215, subd. (a); Veh. Code, § 2800.2, subd. (a).)[1]
We reject Corona's instructional, misjoinder and sufficiency claims but amend the award of presentence custody credit and correct the abstract of judgment to reflect a $20 court security fee pursuant to section 1465.8, subdivision (a)(1), for each of the nine counts on which Corona was convicted. (See People v. Wallace (2004) 120 Cal.App.4th 867, 878; People v. Schoeb (2005) 132 Cal.App.4th 861, 863, 865-866.) As modified to correct the award of presentence custody credit and impose the $180 court security fee, the judgment is affirmed.
FACTUAL AND PROCEDURAL BACKGROUND
1. The incident of May 31, 2003.
On May 31, 2003, Corona and his wife, Griselda Prado, had a party at their home on East 90th Street in Los Angeles to celebrate their daughter's first communion. At approximately 11:50 p.m., Prado entered the small rear house on the property crying. Prado was in the process of telling Maria Lopez, an elderly family friend, why she was upset when Corona entered the room and started to hit Prado in the face with his fist. Lopez tried to intervene but Corona pushed her and again started to strike Prado. Corona obtained a rifle, loaded approximately seven bullets into it then pointed it at Lopez. Lopez heard a click she thought was the trigger, became scared and â€
