In Re Londale H.

People v. Londale H.

Good Law
1992 Cal. App. LEXIS 575·5 Cal. App. 4th 1464·7 Cal. Rptr. 2d 501·92 Daily Journal DAR 5896·92 Cal. Daily Op. Serv. 3743
Court of Appeal of CaliforniaApril 30, 1992A054653California1,552 words

Opinion

Opinion

Haning, J.

Londale H. appeals a wardship order (Welf. & Inst. Code, § 602) based on his commission of voluntary manslaughter (Pen. Code, § 192, subd. (a)) while armed with and personally using a firearm (§§ 12022, subd. (a), 12022.5); negligently discharging a firearm (§ 246.3); and possession of cocaine. (Health & Saf. Code, § 11350.) He contends the court erred in finding he personally used a firearm in commission of the homicide. We affirm.

Facts

Witness Johnny Fritz testified that on the evening of November 16, 1990, appellant and Dwayne Cisero arrived together at a friend’s birthday party. At least 40 people were there. Soon after Cisero arrived, he began arguing with an unidentified person. When the argument started, appellant left the party and went out to his car. After Cisero was hit by the man he was arguing with, he left the party and ran after appellant’s car, which was pulling away from the curb. Cisero got into the car and appellant started to drive away and then stopped again. He and Cisero then both got out of the car brandishing guns, and both fired. As Fritz was running away, he saw the victim, Marcos Sutton, walking toward the shooting, apparently unaware of…

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