People v. Lu CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND3

On January 31, 2019, a jury found defendant guilty of attempted murder (§§ 664,

187, subd. (a), count 1) and assault with a firearm (§ 245, subd. (a)(2), count 2). The jury

also found true allegations that defendant inflicted great bodily injury (§ 12022.7,

subd. (a)) and personally used a firearm, intentionally discharged it, and proximately

caused great bodily harm in his commission of the attempted murder (§ 12022.53,

subds. (b), (c) & (d)). The court sentenced defendant to a total of 22 years in state prison

including the aggravated term of nine years on the attempted murder offense. (Lu, supra,

E031035.)

2 “If the defendant . . . files a supplemental brief or letter, the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion.” (Delgadillo, supra, 14 Cal.5th at p. 232.)

3 We take judicial notice of this court’s unpublished opinion in People v. Lu (Aug. 11, 2020, E072432) (Lu), from defendant’s appeal of the judgment. (Evid. Code, § 459.)

2 Defendant appealed. By opinion filed August 11, 2020, this court affirmed the

judgment. (Lu, supra, E031035.)

On March 6, 2024,…