Beltran

People v. Beltran

Good Law
1999 Cal. App. LEXIS 892·75 Cal. App. 4th 425·89 Cal. Rptr. 2d 267·99 Daily Journal DAR 10351·99 Cal. Daily Op. Serv. 8136
Court of Appeal of CaliforniaSeptember 30, 1999G023005California2,653 words

Opinion

Opinion

Sills, J.

A jury convicted Jaime E. Beltran of attempted murder (Pen. Code, §§ 664, 187) committed willfully, deliberately and with premeditation (§ 664, subd. (a)), and assault with a semiautomatic firearm (§ 245, subd. (b)). It also found he inflicted great bodily injury (§ 12022.7), and personally used a firearm (§ 12022.5, subd. (a)). The trial court sentenced Beltran to an indeterminate sentence of life in prison with the possibility of parole for the attempted murder, plus a 10-year enhancement for the use of the firearm. Beltran raises three arguments on appeal: (1) Statements he made to the police after invocation of his Miranda rights were involuntary and should have been suppressed by the trial court; (2) his conviction for assault with a semiautomatic firearm must be reversed because the jury was inadequately instructed as to the intent element of that crime; and (3) there was insufficient evidence presented to support the verdict of attempted murder and the finding of premeditation. We affirm.

I

Facts

A group of friends was hanging out in front of Reynaldo Jimenez’s apartment when a man who appeared to be intoxicated lifted up his shirt as he walked by, exposing a…

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