People v. Vasquez CA2/4

INTRODUCTION

Pedro Caracun Vasquez appeals from a judgment following his conviction for attempted murder, assault with a deadly weapon, mayhem, and criminal threats. He contends that the evidence was insufficient to sustain his conviction for attempted murder. He further contends that the trial court erred in admitting a victim‟s prior testimony, after determining that the victim was unavailable. Both parties also raise sentencing issues. We affirm the convictions, correct a sentencing error, and remand for further sentencing.

PROCEDURAL BACKGROUND

A jury convicted appellant of the attempted murder of Juan Carlos Arita 1 (Pen. Code, §§ 187, subd. (a)(1), 664; count 1), assault with a deadly weapon of Noel Pineda (§ 245, subd. (a)(1); count 2), mayhem upon Arita (§ 203; count 3), and criminal threats against Pineda (§ 422; count 4). In addition, on all counts, the jury found that appellant personally used a deadly weapon (§ 12022, subd. (b)(1)). As to count 1, the jury also found that appellant personally inflicted great bodily injury on Arita (§ 12022.7, subd. (a)). On September 6, 2012, the trial court sentenced appellant to prison for nine years and eight months. The sentence…