>PEOPLE v.
PEREZ

>

>

>





Filed 7/29/10







IN THE SUPREME COURT OF >CALIFORNIA







THE
PEOPLE,
)

)

Plaintiff and
Respondent,
)

) S167051

v.
)

) Ct.App.
2/1 B198165

RODRIGO
PEREZ,
)

) Los
Angeles County

Defendant and Appellant.
) Super.
Ct. No. BA298659-01

)

Defendant
fired a single bullet at a distance of 60 feet, from a car going 10 to 15 miles
per hour, at a group of seven peace officers and a civilian who were standing
less than 15 feet apart from one another in a dimly lit parking lot late on the
night in question. There was evidence
that defendant believed he was shooting at a group of rival gang members, but
no evidence he was targeting any particular individual when he fired at the
group. The bullet hit one officer in the
hand, nearly severing his finger, but killed no one. The jury returned special findings that
defendant knew or reasonably should have known that the victims were peace
officers, and convicted defendant of, among other crimes, seven counts of premeditated attempted murder of a peace
officer and one count of premeditated attempted murder (the civilian
victim).

The Court of
Appeal reasoned that the jury could find on this evidence that â€