P. v. Casique CA2/5
Defendant Ernest Casique appeals from a judgment of conviction following a jury trial. Defendant was convicted of three counts of premeditated attempted murder pursuant to Penal Code sections 664 and 187, subdivision (a), and all alleged firearm and gang enhancements were found to be true.
Defendant contends the trial court erred by allowing a witness to testify without first conducting a hearing to determine whether the witness’s testimony was based on personal knowledge. Defendant also contends the trial court erred by instructing the jury on a kill zone theory with CALJIC No. 8.66.1. Alternatively, he asserts remand is necessary to allow the trial court to exercise its discretion to strike firearm enhancements pursuant to section 12022.53, subdivision (h). Finally, defendant requests the trial court recalculate his presentence conduct credits which the court had improperly denied under section 2933.2. The Attorney General concedes that defendant’s latter two arguments ar
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