P. v. Ruesga CA5
Defendant Trinidad Padilla Ruesga was charged with attempted premeditated murder (Pen. Code, §§ 187, subd. (a), 664 [count 1]) and assault with a firearm (§ 245, subd. (a)(2) [count 2]). The information further alleged he intentionally and personally discharged a firearm in connection with count 1 (§ 12022.53, subd. (c)) and personally used a firearm in connection with count 2 (§ 12022.5, subd. (a)). Defendant pled nolo contendere to count 2 and admitted he personally used a firearm. Following a trial, the jury found him guilty as charged on count 1 and found he intentionally and personally discharged a firearm. The trial court denied defendant’s new trial motion and sentenced him to seven years to life, plus 20 years for the firearm discharge enhancement, on count 1.
On appeal, defendant makes two contentions.
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