P. v. Chavez
A jury convicted defendant Juan D. Chavez of attempted first degree murder (Pen. Code, 664/187) and assault with a firearm (Pen. Code, 245, subd. (a)(2)) and found true allegations that defendant personally discharged a firearm (Pen. Code, 12022.53, subd. (d)), inflicted great bodily injury (Pen. Code, 12022.7, subd. (a)), and personally used a firearm (Pen. Code, 12022.5, subd. (a)). The trial court sentenced defendant to life in prison for attempted murder, added a consecutive 25 year to life term for the Penal Code section 12022.53 enhancement, and stayed the remaining terms.
On appeal, defendant contends (1) the trial court abused its discretion by allowing the prosecution to amend the information to add the word premeditated to the attempted murder count, (2) erroneously denied his motion for substitute counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118, and (3) should have dismissed the assault with a firearm count as a lesser included offense of attempted premeditated murder. Court reject the contentions and affirm the judgment.
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