P. v. Sartoresi
A jury convicted defendant of one count of attempted murder against Joseph Mooyman; three counts of assault with a firearm against Mooyman, Hilda Franson, and Susan Rios; and two counts of criminal threats against Franson and Rios. ( 664/187; 245, subd. (a)(2); 422.) The jury also found true various other special allegations and the court found true the alleged prior convictions. ( 667.5, subds. (b)-(i); 1107.1, subds. (a)-(d); 12022.5, subd. (a); 12022.53, subd. (d); 12022.7, subd. (a).) The court sentenced defendant to state prison for a determinate sentence of 31 years eight months, and a consecutive indeterminate term of 25 years to life. Court hold there was no evidence to support a voluntary manslaughter instruction; the evidence was sufficient that defendant made criminal threats to Franson and Rios; the aggravated and consecutive sentencing was proper under Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] and section 12022.53 is not unconstitutional. Court affirm the judgment.
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