Frausto

Statement of the Case

In an information filed by the District Attorney’s Office of Los Angeles County, appellants were originally charged in the superior court with the crimes of assault with intent to commit murder. (Pen. Code, § 217.) Said charge was later amended on motion of the People to assault with a deadly weapon (Pen. Code, § 245, subd. (a)) subsequent to the repeal of Penal Code section 217. In addition, the amended information contained allegations that appellant Frausto with the intent inflicted great bodily injury (Pen. Code, §§ 12022.7 and 1203.075) and used a firearm (Pen. Code, §§ 12022.5 and 1203.06, subdivision (a)(1)) at the time of the commission of the offense. An allegation that appellant Frausto was armed with a firearm within the meaning of Penal Code section 12022, subdivision (a) was struck. Appellants pleaded not guilty to the amended information. The appellants’ motions under Penal Code sections 995 and 1538.5 were denied.

Appellants were found guilty as charged in the information by a jury. The allegations concerning great bodily injury and the use of a firearm were found true as to appellant Frausto. Appellant Frausto also admitted the…