P. v. Hernandez
Defendant appeals his conviction by jury trial of three counts of attempted murder (Pen. Code, 664, 187, subd. (a)), five counts of assault with a deadly weapon ( 245, subd. (a)(1)), first degree burglary ( 459, 460, subd. (a)), infliction of unjustifiable physical pain or mental suffering on a child ( 273a, subd. (a)), and second degree burglary ( 459, 460, subd. (b)). The jury found true the great bodily injury enhancement allegations charged in connection with the three attempted murder counts and four of the assault with a deadly weapon counts, and found that defendant was sane at the time the offenses were committed.
Defendant contends the sanity finding was not supported by substantial evidence, defense counsel provided ineffective assistance, the courts insanity instruction was erroneous and the court committed Blakely error (Blakely v. Washington (2004) 542 U.S. 296). Court agree that Blakely error was committed and remand for resentencing.
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