Ivans
People v. Ivans
Opinion
Opinion
Dabney, J.
Defendant Jerry Dean Ivans was charged in an amended information in count 1 with attempted first degree murder of Joy Chavez (Pen. Code , §§ 664/187), in count 2 with attempted first degree murder of Donald Cain (§§ 664/187), and in count 3 with unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)). The information alleged as to counts 1 and 2 that Ivans used a firearm (§ 12022.5) and inflicted great bodily injury on the victims (§ 12022.7). The information alleged as to all counts that Ivans had previously been convicted of assault with a deadly weapon, a serious felony. (§ 667, subd. (a).)
Ivans admitted the prior felony. The jury found Ivans guilty as charged and found true the firearm use and great bodily injury allegations.
At the sentencing hearing, Ivans moved for a new trial and requested substitution of counsel. The court denied Ivans’s motion for new trial and request for substitution of counsel. The court sentenced Ivans to the upper term of three years for the unlawful taking and a consecutive one-year term for the prior felony. The court imposed life sentences for counts 1 and 2, consecutive to each other and to the determinate prison…