P. v. Jijon CA2/4
A jury found defendant Mario Jijon guilty of premeditated attempted murder and assault with a deadly weapon after he slashed a man’s neck at a bus stop. Defendant challenges his conviction on appeal, asserting that there was insufficient evidence of premeditation, that the court should have offered a sua sponte jury instruction on the lesser included offense of voluntary manslaughter, and that his counsel was ineffective for failing to request a pinpoint instruction as to provocation. We disagree and affirm the judgment of conviction.
Defendant also asserts that the case should be remanded for resentencing under recent changes to Penal Code section 667, subdivision (a). The Attorney General agrees that defendant’s sentence is available for reconsideration. We therefore remand to allow the trial court to exercise its discretion under Penal Code section 667, subdivision (a).
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