P. v. Delacruz CA4/2
A jury convicted defendant Francisco Delacruz of willful, deliberate, and premeditated attempted murder (§§ 187, subd. (a),/664, and189) and found true the personal gun use enhancement. (§ 12022.53, subds. (b) and (c).) The trial court sentenced defendant to an indeterminate prison term of seven years to life, and a determinate term of 20 years. On appeal, defendant argues the evidence was insufficient to support his attempted murder conviction and the court erred by not giving a sua sponte instruction on the lesser included offense of attempted voluntary manslaughter based on sudden quarrel or heat of passion. Defendant also asserts various issues related to his sentence. With some modifications, we affirm the judgment.
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