Santascoy

Defendant Gilbert Santascoy has appealed from a judgment finding him guilty of attempt to commit murder and assault with a deadly weapon.

Facts

Shortly after 12 o’clock on a late summer’s night, Johnny Perez and Eddie Ramirez, both bleeding from stab wounds, ran to a liquor store in the City of Upland for help. They needed medical attention, and they wanted assistance from the police as well because two of their friends were still “back there.” The police found the friends, one of whom at least, Michael Artea, had also sustained stab wounds. Perez and Ramirez claimed that they had been attacked and stabbed by Gilbert Santascoy and Vincent Ochoa while they were looking for a friend in the Los Olivios area housing project in the City of Upland. Santascoy claimed that in fact Perez and Ramirez had attacked him, but he had run away when his friend Vincent Ochoa came to his aid.

Santascoy was charged with two counts of attempt to commit murder, one for Perez and the other for Ramirez. Each of the counts also alleged that Santascoy, with the intent to do so, inflicted great bodily injury upon the victims in violation of Penal Code section 12022.7.

During the jury trial,…