P. v. Delacruz CA4/2
A jury convicted defendant and appellant Aldo Delacruz of two counts of attempted murder, one count of carjacking, and one count of attempted driving or taking of a vehicle without the consent of the owner. The jury also found true special allegations regarding great bodily injury and firearm use. Delacruz appeals, arguing that the trial court erred in failing to instruct the jury on attempted voluntary manslaughter as a lesser included offense of attempted murder, and that the trial court should be permitted to consider striking the firearm enhancements in light of recent amendments to the Penal Code (Sen. Bill No. 620 (2017-2018 Reg. Sess.) stats. 2017, ch. 682 (Senate Bill 620)). We conclude the trial court had no duty to instruct on the lesser included offense because no substantial evidence exists to support the charge. We therefore affirm the conviction. We agree with both parties that the case should be remanded for resentencing to permit the trial court to exercise its dis
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