P. v. Behill CA5
Appellant, Jesse Bryan Behill, was convicted by jury trial of attempted voluntary manslaughter and several other crimes arising out of an incident where he fired a single shot into a residence. He received a 17-year two-month sentence including a 10-year firearm enhancement under Penal Code section 12022.5, subdivision (a).
On appeal, he contends his attempted voluntary manslaughter conviction must be reversed on the following grounds: (1) the court abused its discretion by allowing the prosecution to amend the information midtrial to change the alleged victim from a specific person to a group; (2) the court prejudicially erred by failing to instruct sua sponte that the jury must unanimously agree which person the defendant intended to kill; and (3) the court prejudicially erred by giving, over objection, a special instruction regarding the intent requirement of attempted murder.
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