P. v. Barela CA2/4
Michael Barela appeals from the judgment entered following his conviction by jury on one count of attempted murder. The jury found true the allegations that the offense was willful, deliberate and premeditated; that appellant used a deadly weapon; and that appellant inflicted great bodily injury. Appellant challenges the sufficiency of the evidence to sustain the allegation that the offense was willful, premeditated, and deliberate. He also contends the jury instructions lessened the prosecution’s burden of proof and thus violated his constitutional rights. Finally, appellant challenges the award of attorney fees under Penal Code section 987.8. We strike the award of attorney fees, order the minute order and abstract of judgment modified to reflect the change, and otherwise affirm.
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