People v. Mesa CA2/4

INTRODUCTION

A jury convicted appellant David Ray Mesa of willful, deliberate, and premeditated attempted murder and willful infliction of corporal injury on a dating partner. The jury also found that Mesa used a firearm in the offenses and caused his victim’s paralysis. The court sentenced Mesa to 29 years to life. Mesa appealed. On appeal, Mesa’s appointed counsel filed a brief asking this court to independently review the record for error. (See People v. Wende (1979) 25 Cal.3d 436, 441 (Wende).) Mesa also filed a supplemental brief. We have considered Mesa’s arguments and conducted an independent examination of the entire record. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. Charged crimes The People charged Mesa with willful, deliberate, and premeditated attempted murder of Irene L. (count 1, Pen. Code, § 187, subd. (a); 6641), and willful infliction of corporal injury on a dating partner, resulting in a traumatic condition for Irene (count 2, § 273.5, subd. (a).) For both counts, the People alleged that Mesa personally used a firearm in the commission of the crime (§ 12022.5, subd. (a)) and caused great bodily injury and paralysis to Irene (§ 12022.7,…