Brown

People v. Brown

Good Law
100 Cal. Rptr. 2d 211·2000 Cal. App. LEXIS 742·2000 Daily Journal DAR 10487·83 Cal. App. 4th 1037·2000 Cal. Daily Op. Serv. 7897
Court of Appeal of CaliforniaSeptember 25, 2000B134542California3,713 words

Opinion

Opinion

Turner, J.

I. Introduction

Defendant, Linda Catherine Brown, appeals from her conviction for attempted voluntary manslaughter. (Pen. Code, §§ 664, 192, subd. (a).) She was also found to have personally used a firearm in the commission of the offense and inflicted great bodily injury. (§§ 12022.5, subd. (a)(1), 12022.7, subd. (a).) Defendant argues that the trial court improperly: admitted evidence of prior incidents; refused to instruct the jury with defendant’s proposed pinpoint instruction; and sentenced her to the high term for the firearm enhancement. Defendant also argues that the 10-year section 12022.5 subdivision (a)(1) enhancement constitutes cruel and unusual punishment. Both defendant and the Attorney General agree that the abstract of judgment should be corrected to reflect the imposition and stay of a three-year enhancement pursuant to section 12022.7, subdivision (a). In the published portions of this opinion we discuss several sentencing issues raised by the parties. Other than the modification to the abstract, the judgment is affirmed.

II. Factual Background

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307,…

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