legal news


Register | Forgot Password

P. v. Munoz CA2/3
A jury convicted defendant and appellant Nicholas Anthony Munoz of shooting at an occupied motor vehicle and two counts of premeditated attempted murder, with gang and firearm enhancements. Munoz appealed, contending: (1) there was insufficient evidence to support the jury’s finding that the attempted murders were willful, premeditated, and deliberate; (2) the trial court committed instructional error regarding the premeditation allegation; and (3) the matter had to be remanded to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancements pursuant to then-recent amendments to Penal Code section 12022.53. This court affirmed the judgment in 2018, but vacated Munoz’s sentence and remanded to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancements. The California Supreme Court granted review and, after passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), transferred the matter back to us

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale