Nunn

In this case we discuss the limitations imposed by Penal Code section 29 on the scope of opinion testimony concerning a criminal defendant’s state of mind at the time of a charged offense.

Appellant Rodney Holden Nunn was convicted of four counts of attempted murder and nine counts of assault with a deadly weapon. Thirteen section 12022.5, subdivision (a), firearm use allegations and two section 12022.7 infliction of great bodily injury allegations were found true. Nunn was sentenced to a prison term of 39 years, 8 months. He appeals, arguing the trial court erred in excluding defense psychological testimony and that the evidence was insufficient to support two of the attempted murder convictions.

Facts

A. Prosecution Case

About 5:30 p.m. on September 25, 1994, Benito Asencio had finished working at a nearby farm and was sitting on an embankment next to Black Mountain Road waiting for a ride. Two other workers, Efigenio Uriostegui and Emilio Nava, were about three feet away. Eight or nine other men were waiting in the same general area. Appellant was standing behind a fence about 50 feet away holding a rifle and pointing it at the ground. Appellant yelled something…