P. v. Huerta
A jury convicted defendant of the willful, deliberate, and premeditated attempted murder of Matt Tallman, a peace officer engaged in the performance of his duties (count 1; Pen. Code, SS 664/187; undesignated section references are to the Penal Code); assault with a firearm upon Tallman, a peace officer engaged in the performance of his duties (count 2; S 245, subd. (d)(1)); assault with a firearm upon Jamin Martinez, a peace officer engaged in the performance of his duties (count 3; S 245, subd. (d)(1)); possession of a firearm by a convicted felon on March 21, 2004 (count 4; S 12021, subd. (a)(1)); misdemeanor infliction of corporal injury resulting in a traumatic condition upon defendant's spouse (count 5; S 273.5, subd. (a)); discharging a firearm at an occupied building on March 14, 2004 (count 6; S 246); and possession of a firearm by a convicted felon on March 14, 2004 (count 7; S 12021, subd. (a)(1)).
The jury also found: As to counts 1 and 2, defendant inflicted great bodily injury (S 12022.7, subd. (a)) and intentionally and personally discharged a firearm causing great bodily injury (SS 12202.53, subds. (b)_(d), (e)(1)). As to counts 2 and 3, defendant used a firearm (SS 12202.53, subd. (b), 12022.5, subds. (a), (d)). As to count 3, defendant intentionally discharged a firearm (S 12022.53, subd. (c)) and personally used a firearm (SS 12022.53, subd. (b), 12022.5, subd. (a)).
In a bifurcated proceeding, the trial court found defendant had suffered a prior serious felony that constituted a strike (SS 667, subds. (a), (b) (i), 1170.12) and had served a prior prison term (S 667.5, subd. (b)).
After denying defendant's motion to strike his prior convictions, the trial court sentenced him to a determinate state prison term of 20 years plus a consecutive indeterminate term of 55 years to life.
Defendant contends the trial court committed numerous instructional errors; he also contends there was insufficient evidence to support his conviction on count 5 (infliction of corporal injury with traumatic condition on his spouse). The People concede the last point. Court reverse defendant's conviction on count 5 and remand for resentencing on the lesser included offense of battery; in all other respects court affirm.
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