P. v. Jacome
On May 24, 2002, the Fresno County District Attorney filed an information in superior court charging appellant Melvin Estiwar Jacome as follows: count Iattempted murder of a peace officer/firefighter further alleging that the offense was willful, deliberate and premeditated (Pen. Code, 187, subd. (a), 664, subds. (e), (f)); count IIuse of a machine gun/assault weapon on a peace officer/firefighter ( 245, subd. (d)(3)); count IIIevading an officer with willful disregard (Veh. Code, 2800.2, subd. (a)); and count IVpossession of an assault weapon ( 12280, subd. (b)). As to counts I and II, the district attorney specially alleged appellant intentionally discharged a firearm ( 12022.53, subd. (c)); personally used a firearm in a statutorily specified offense ( 12022.53, subd. (b)); and personally used a firearm in the attempted commission of a felony (then 12022.5, subd. (a)(1)).
The convictions of the substantive crimes in counts I, II and III and each of the attendant findings and enhancements are affirmed. The sentence imposed is vacated and the matter is remanded to the trial court to allow appellant to file within 30 days of the date of remittitur a motion pursuant to People v. Pitchess, supra, 11 Cal.3d 531. If appellant fails to timely file such motion or if adjudication of such motion fails to yield relevant information in the personnel files of the three police officers in question resulting in the filing by appellant within the next succeeding 30 days of a renewed motion for new trial based on such relevant information, then the trial court may simply reinstate the sentence imposed on May 9, 2006. If such a motion for new trial is filed, the trial court shall proceed accordingly exercising its broad statutory discretion to determine whether a new trial should be granted. If the superior court declines to order the case retried it reinstate the sentence imposed on May 9, 2006.
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