P. v. Lizarraga CA5
Appellant Alberto Lizarraga was convicted of attempted murder (Pen. Code, §§ 664/187, subd. (a); count 1) and assault with a deadly weapon (Pen. Code, § 245, subd, (a)(1); count 2) for the stabbing of his cousin Armando Carrera. The jury also found true enhancements for great bodily injury (Pen. Code, § 12022.7, subd. (a)) and use of a deadly weapon (Pen. Code, § 12022, subd. (b)(1)). At a subsequent bench trial, the court found appellant’s prior conviction allegation to be true. Appellant was sentenced to an aggregate term of 27 years in state prison as to count 1, with the sentence of 11 years as to count 2 stayed pending service of the sentence on count 1.
Appellant presents two claims on appeal. He claims that the trial court erred in denying his motion for a new jury panel based on comments from prospective jurors and appellant’s own disruptive outbursts made during voir dire, and that the prosecution presented insufficient evidence that appellant committed the stabb
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