Vallejo

The People v. Vallejo

Bad Law
214 Cal. App. 4th 1033
Court of Appeal of CaliforniaApril 15, 2013B232609MCalifornia4,541 words

Opinion

Opinion

Yegan, J.

Cesar Vallejo, a recidivist felon, is not supposed to have a firearm. Nevertheless, he possessed a .40-caliber semiautomatic pistol and unfortunately, he used it. He appeals from the judgment entered after a jury convicted him of attempted voluntary manslaughter (Pen. Code, §§ 664, 192, subd. (a)), a lesser included offense of attempted murder; driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (Veh. Code, § 2800.2, subd. (a)); maliciously discharging a firearm from a motor vehicle at another person (former § 12034, subd. (c), now § 26100, subd. (c)); and possession of a firearm by a convicted felon (former § 12021, subd. (a)(1)). As to the offenses of attempted voluntary manslaughter and discharging a firearm from a motor vehicle, the jury found true allegations that appellant had inflicted great bodily injury. (§ 12022.7, subd. (a).) As to the offense of discharging a firearm from a motor vehicle, the jury found true an allegation that appellant had personally and intentionally discharged a firearm causing great bodily injury. (§ 12022.53, subd. (d).) The trial court sentenced appellant to prison for…

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