P. v. Ornelas CA3
A jury found defendant Rudy Joseph Ornelas guilty of attempted murder, felon in possession of a firearm, and assault with a semiautomatic firearm, along with enhancements for intentionally and personally discharging a firearm and personally using a firearm. The trial court sustained a strike and four prior prison term allegations and sentenced him to 45 years in state prison. We affirmed the conviction on appeal in an unpublished opinion. (People v. Ornelas (Feb. 14, 2012, C065884) [nonpub. opn.].)
Defendant’s argument at trial was that Claudio Magobet was the shooter. Magobet was originally charged as a codefendant but eventually testified as a prosecution witness as part of a plea agreement. Magobet testified that he gave defendant his own loaded handgun, which defendant used to shoot the victim.
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