Cabonce

People v. Cabonce

Good Law
169 Cal. App. 4th 1421·2009 Cal. App. LEXIS 16·87 Cal. Rptr. 3d 719·9 Cal. Daily Op. Serv. 401
Court of Appeal of CaliforniaJanuary 9, 2009A117286California7,884 words

Opinion

Opinion

Needham, J.

Jerry Lanosa Cabonce (Cabonce) appeals from a judgment of conviction and sentence imposed after a jury found him guilty of multiple offenses and rejected his defense of insanity. Challenging only the sanity finding, Cabonce contends the court’s response to an inquiry by the jury during deliberations improperly suggested that his insanity defense could be rejected if Cabonce’s insanity was caused in part by his intoxication at the time of the offense. We will affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

Cabonce was charged with two counts of deliberate and premeditated attempted murder of peace officers (Pen. Code, §§ 187, subd. (a), 664); two counts of assault with a deadly weapon (knife) by means of force likely to produce great bodily injury on peace officers (§ 245, subd. (c)); and two counts of assault with a deadly weapon (pellet gun) (§ 245, subd. (a)(1)).

As to counts 1 through 4, Cabonce was alleged to have personally inflicted great bodily injury (§ 12022.7 subd. (a)). As to counts 1 and 2, it was alleged that he personally used a deadly weapon (§ 12022, subd. (b)). The amended information further alleged that Cabonce had a prior serious felony…

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