Lopez
People v. Lopez
Opinion
Opinion
Acting, J.
A jury convicted appellant, Mario Lopez, on one count each of attempted voluntary manslaughter (Pen. Code, §§ 664/ 192, subd. (a)), a lesser included offense of attempted murder (§§ 664/187, subd. (a)) charged in count I; assault with a deadly weapon (count II-§ 245, subd. (a)(1)); corporal injury to a spouse (count III-§ 273.5, subd. (a)); and possession of injection paraphernalia (count IV-Health & Saf. Code, § 11364). The jury also found true allegations in counts I and II that Lopez inflicted great bodily injury within the meaning of section 12022.7 and that he personally used a deadly weapon within the meaning of section 12022, subdivision (b). On appeal, Lopez contends 1) the court committed instructional error, and 2) the court did not award him all the presentence custody credit to which he is entitled. We will find merit in Lopez’s second contention. In all other respects, we will affirm the judgment.
Facts
The Prosecution Case
On July 24, 1991, at 7 p.m., Pricilla Minchue, Lopez’s common law wife, and her two young sons went across the street to the home of Mary Lopez (Mary). Prior to that, Minchue and appellant Lopez had an argument; she was angry at him…