P. v. Spire CA5
A jury convicted appellant Shawn Israel Spire of multiple felonies, including attempted murder, torture, and two counts of rape. The crimes involved appellant’s ex-girlfriend. Following the guilty verdicts, a sanity phase occurred and the jury found it not true that appellant was legally insane when he committed these crimes. Appellant received a determinate prison sentence of 13 years, along with a consecutive aggregate indeterminate term of 50 years to life.
Appellant argues that insufficient evidence supports his conviction for attempted murder. He also contends that a reasonable jury could not have found him sane when he committed these crimes. Finally, he claims instructional errors occurred in both the guilt and sanity phases of trial, and he alleges cumulative error. We reject these arguments. However, we agree with the parties that appellant’s conviction in count 4 must be modified to misdemeanor assault.
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