People v. Lee

A jury convicted defendant Alejandro M. Lee as charged in count 1 of attempted murder of Turk Young, Jr., with premeditation and deliberation (Pen. Code, §§ 664, 187) and in count 2 of assault with a firearm against Sean Green (§ 245, subd. (a)(2)). The jury found true the special allegations as to both counts that Lee had personally used a firearm (§ 12022.5, subd. (a)) and as to count 1 that Lee had inflicted great bodily injury (§ 12022.7). Lee moved to modify the verdict to attempted voluntary manslaughter or attempted murder without premeditation and deliberation. The motion was denied.

The court sentenced Lee to state prison for life for count 1 with a consecutive four-year middle-term enhancement for firearm use and a consecutive three-year middle-term enhancement for inflicting great bodily injury. The court sentenced him to a concurrent three-year middle term for count 2 and a four-year middle-term enhancement for the firearm use as to that count.

On appeal, Lee contends: (1) the trial court committed reversible error in failing to instruct the jury it could consider provocation by the victim in determining whether the attempted murder was committed with…