ARZATE

Appellant, Jose Arzate, shot a sheriff’s deputy who had stopped him for speeding. A jury convicted appellant of attempted willful, deliberate and premeditated murder of a peace officer, among other offenses, and found true the allegations he personally used a handgun and inflicted great bodily injury in the commission of the offense. The court sentenced appellant to 40 years to life in state prison on these findings. Appellant appeals, claiming the trial court erred in excluding evidence of third party culpability. He also contends there was insufficient evidence of concealment to sustain the conviction for having a concealed gun in his car. Assuming there was evidence the gun was concealed, appellant argues the jury’s true findings he personally used a firearm and inflicted great bodily injury in connection with the concealed gun charge must be stricken because the offense of carrying the concealed firearm ended when he displayed and used the gun, and thus did not occur “in the commission” of the offense. Finally, he argues the increased punishment on the attempted murder charge must be stricken because the jury failed to expressly find the attempted murder victim was a…