Joachim

People v. Joachim

Good Law
1995 Cal. App. LEXIS 975·38 Cal. App. 4th 1526·45 Cal. Rptr. 2d 630·95 Daily Journal DAR 13521·95 Cal. Daily Op. Serv. 7910
Court of Appeal of CaliforniaOctober 5, 1995H013453California1,444 words

Opinion

Opinion

Bamattre-Manoukian, J.

The only issue on appeal is whether a personal firearm use enhancement (Pen. Code, § 12022.5) applies to a conviction of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b).) The answer is yes for the reasons stated below, so we will affirm the judgment.

In the early morning hours of August 1, 1994, defendant Matthew Julius Joachim confronted the victim Scott Blodgett in a garage and asked him why he had some of defendant’s compact discs. Blodgett retreated into the house. Defendant went inside the house, pulled a gun from his waistband, placed the muzzle against Blodgett’s neck, and told him to go back into the garage. Defendant and Blodgett returned to the garage. Defendant paid another person in the garage a $40 debt owed by Blodgett and told Blodgett that defendant wanted his $40 immediately. Defendant had another person drive defendant and Blodgett to Blodgett’s house. Defendant sat behind Blodgett in the car. En route, defendant placed the gun against Blodgett’s neck. The gun discharged, leaving Blodgett with a one-inch flesh wound.

Defendant waived preliminary examination and pled no contest to assaulting Blodgett with a semiautomatic handgun (Pen.…

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