People v. Lopez CA5

INTRODUCTION

Defendant Arturo Vega Lopez shot Brandon F. in the chest, but Brandon survived with minor injuries. A jury convicted defendant of attempted, premeditated, and deliberate murder and other charges. Defendant argues (1) the jury’s conviction is not supported by sufficient evidence that he had the intent to kill nor that he deliberated and premeditated prior to shooting Brandon and (2) the trial court erred in defining premeditation in the jury instructions and in failing to instruct on the lesser included offense of voluntary manslaughter. We affirm the judgment.

PROCEDURAL BACKGROUND

The District Attorney of Stanislaus County filed an amended information on July 5, 2022, charging defendant with first degree attempted murder (Pen. Code,1 §§ 664, 187, subd. (a), 189, subd. (a); count I), assault with a firearm (§ 245, subd. (a)(2); count II), possession of a firearm by a felon (§ 29800, subd. (a)(1); count III), and possession of ammunition by a felon (§ 30305, subd. (a)(1); count IV). The amended information also alleged that defendant personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) as to count I, personally inflicted great bodily…