P. v. Vasquez
A jury convicted defendant Freddy Gonzalez Vasquez of attempted murder (Pen. Code, 187, subd. (a), 664, subd. (a); all statutory references are to this code unless noted) and assault with a deadly weapon ( 245, subd. (a)(1)). The jury also found he personally used a deadly weapon ( 12022, subd. (b)(1)). Defendant contends the trial court erred by failing to instruct sua sponte on unanimity (Judicial Council of Cal. Crim. Jury Instns. CALCRIM No. 3500). For the reasons expressed below, Court reverse the judgment.
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