P. v. Nyako CA2/5
Spencer Nyako (defendant) went to trial on a single charge of willful, deliberate, and premeditated attempted murder. The jury found him not guilty of that charge but guilty of the lesser included offense of attempted voluntary manslaughter and the lesser related offense of assault with a semiautomatic firearm. The jury also found true associated sentencing allegations: that the crimes were gang-related, that defendant personally used a firearm, and that he inflicted great bodily injury on victim Eugene Cooley (Cooley). We consider whether substantial evidence supports the jury’s finding that the crimes were not committed in perfect self-defense and the jury’s true finding on the gang allegation. We also decide several sentencing-related issues, including whether defendant’s sentence could be enhanced for all three of the sentencing allegations the jury found true.
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